§ 860-H — Civil penalty

§ 860-h. Civil penalty. 1. An employer who fails to give notice as\nrequired by paragraph (b) of subdivision one of section eight hundred\nsixty-b of this article is subject to a civil penalty of not more than\nfive hundred dollars for each day of the employer's violation. The\nemployer is not subject to a civil penalty under this section if the\nemployer pays to all applicable employees the amounts for which the\nemployer is liable under section eight hundred sixty-g within three\nweeks from the date the employer orders the mass layoff, relocation, or\nemployment loss.\n 2. The total amount of penalties for which an employer may be liable\nunder this section shall not exceed the maximum amount of penalties for\nwhich the employer may be liable under federal law for the same\nviolation.\n 3. Any penalty amount paid by the employer under federal law shall be\nconsidered a payment made under this article.\n 4. If an employer proves to the satisfaction of the commissioner that\nthe act or omission that violated this article was in good faith and\nthat the employer had reasonable grounds for believing that the act or\nomission was not a violation of this article, the commissioner may in\nhis or her discretion reduce the amount of the penalty provided for in\nthis section. In determining the amount of such reduction, the\ncommissioner shall consider (a) of the size of the employer; (b) the\nhardships imposed on employees by the violations; (c) any efforts by the\nemployer to mitigate the violation; and (d) the grounds for the\nemployer's belief.\n