N.Y. Labor Law § 198-a: Criminal penalties

§ 198-a. Criminal penalties. 1. Every employer who does not pay the

wages of all of his employees in accordance with the provisions of this

chapter, and the officers and agents of any corporation, partnership, or

limited liability company who knowingly permit the corporation,

partnership, or limited liability company to violate this chapter by

failing to pay the wages of any of its employees in accordance with the

provisions thereof, shall be guilty of a misdemeanor for the first

offense and upon conviction therefor shall be fined not less than five

hundred nor more than twenty thousand dollars or imprisoned for not more

than one year, and, in the event that any second or subsequent offense

occurs within six years of the date of conviction for a prior offense,

shall be guilty of a felony for the second or subsequent offense, and

upon conviction therefor, shall be fined not less than five hundred nor

more than twenty thousand dollars or imprisoned for not more than one

year plus one day, or punished by both such fine and imprisonment, for

each such offense. An indictment of a person or corporation operating a

steam surface railroad for an offense specified in this section may be

found and tried in any county within the state in which such railroad

ran at the time of such offense.

2. Every employer who violates or fails to comply with the

requirements of subdivision four of section one hundred ninety-five of

this article, and the officers and agents of any corporation,

partnership, or limited liability company who knowingly permit the

corporation, partnership, or limited liability company to violate or

fail to comply therewith, shall be guilty of a misdemeanor and upon

conviction therefor shall be fined not less than five hundred nor more

than five thousand dollars or imprisoned for not more than one year.

3. Every employer who knowingly violates or fails to comply with the

requirements of subdivision four of section one hundred ninety-five of

this article, and the officers and agents of any corporation,

partnership, or limited liability company who knowingly permit the

corporation, partnership, or limited liability company to violate or

fail to comply therewith, shall be guilty of a felony where such

employer, officer or agent has been convicted of a violation of such

subdivision within the previous six years, and upon conviction therefor

shall be fined not less than five hundred nor more than twenty thousand

dollars or imprisoned for not more than one year plus one day, or

punished by both such fine and imprisonment, for each such offense. In

determining the penalty, the court shall consider the severity of the

violation, the size of the employer, and the employer's good faith

effort to comply with the requirements of subdivision four of section

one hundred ninety-five of this article.