This text of New York § 696-E (Penalties) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 696-e. Penalties.
1.If the commissioner finds that any employer has\nviolated any provision of this article or of a rule or regulation\npromulgated thereunder, the commissioner may, after an opportunity for a\nhearing, and by an order which shall describe particularly the nature of\nthe violation, assess the employer a civil penalty of not more than ten\nthousand dollars for the first such violation within six years, not more\nthan twenty thousand dollars for a second violation within six years and\nnot more than fifty thousand dollars for a third or subsequent violation\nwithin six years. Such penalty shall be paid to the commissioner for\ndeposit in the treasury of the state. In assessing the amount of the\npenalty, the commissioner shall give due consideration to the size of\nthe e
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§ 696-e. Penalties. 1. If the commissioner finds that any employer has\nviolated any provision of this article or of a rule or regulation\npromulgated thereunder, the commissioner may, after an opportunity for a\nhearing, and by an order which shall describe particularly the nature of\nthe violation, assess the employer a civil penalty of not more than ten\nthousand dollars for the first such violation within six years, not more\nthan twenty thousand dollars for a second violation within six years and\nnot more than fifty thousand dollars for a third or subsequent violation\nwithin six years. Such penalty shall be paid to the commissioner for\ndeposit in the treasury of the state. In assessing the amount of the\npenalty, the commissioner shall give due consideration to the size of\nthe employer's business, the good faith basis of the employer to believe\nthat its conduct was in compliance with the law, the gravity of the\nviolation, the history of previous violations and the failure to comply\nwith record-keeping or other requirements.\n 2. Any order issued under subdivision one of this section shall be\ndeemed a final order of the commissioner and not subject to review by\nany court or agency unless the employer files a petition with the\nindustrial board of appeals for a review of the order, pursuant to\nsection one hundred one of this chapter.\n 3. The civil penalty provided for in this section shall be in addition\nto and may be imposed concurrently with any other remedy or penalty\nprovided for in this chapter.\n 4. Upon a showing by an employee organization, the commissioner may\ninvestigate by examining payroll records whether an employer withheld\nhours of work to employees for the purpose of reducing the employer's\nobligations under this article. If, after the opportunity for a hearing,\nthe commissioner determines that an employer withheld hours of work to\nemployees for the purpose of reducing the employer's obligations under\nthis article, the commissioner may, in addition to any other penalty\navailable, also require that the employer pay the applicable standard\nrate to all of the employer's employees, regardless of the number of\nhours worked by the employees.\n