N.Y. Labor Law § 141: Civil penalties

§ 141. Civil penalties. 1. If the commissioner finds that an employer

has violated any provision of this article or of a rule or regulation

promulgated thereunder, the commissioner may by an order which shall

describe particularly the nature of the violation, assess the employer a

civil penalty of not more than ten thousand dollars for the first such

violation, at least two thousand but not more than twenty-five thousand

dollars for a second violation, and at least ten thousand but not more

than fifty-five thousand dollars for a third or subsequent violation.

Such penalty shall be paid to the commissioner for deposit in the

treasury of the state. In assessing the amount of the penalty, the

commissioner shall give due consideration to the size of the employer's

business, the good faith of the employer to believe that its conduct was

in compliance with the law, the gravity of the violation, the history of

previous violations and the failure to comply with record-keeping or

other requirements, provided, however, that where such violation

involves illegal employment during which a minor is seriously injured or

dies, such penalty shall be at least three thousand dollars but not more

than thirty thousand dollars for the first such violation, at least six

thousand but not more than seventy-five thousand dollars for the second

violation, and at least thirty thousand dollars but not more than one

hundred seventy-five thousand dollars for the third or subsequent

violation. For the purposes of this subdivision, a minor shall be deemed

to be seriously injured if such injury results in a permanent partial or

permanent total disability as determined by the workers' compensation

board.

2. Any order issued under subdivision one of this section shall be

deemed a final order of the commissioner and not subject to review by

any court or agency unless the employer files a petition with the

industrial board of appeals for a review of the order, pursuant to

section one hundred one of this chapter.

3. Provided that no proceeding for administrative or judicial review

as provided in this chapter shall then be pending and the time for

initiation of such proceeding shall have expired, the commissioner may

file with the county clerk of the county where the employer resides or

has a place of business the order of the commissioner or the decision of

the industrial board of appeals containing the amount of the civil

penalty. The filing of such order or decision shall have the full force

and effect of a judgment duly docketed in the office of such clerk. The

order or decision may be enforced by and in the name of the commissioner

in the same manner, and with like effect, as that prescribed by the

civil practice law and rules for the enforcement of a money judgment.

4. The civil penalty provided for in this section shall be in addition

to and may be imposed concurrently with any other remedy or penalty

provided for in this chapter.