N.Y. Labor Law § 361-b: Civil penalties

§ 361-b. Civil penalties. 1. If after investigation the commissioner

finds that an employer has violated any provision of this article, the

commissioner, shall by an order which shall describe particularly the

nature of the alleged violation, assess the employer a civil penalty of

not more than three thousand dollars for each violation. 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,

the gravity of the violation, the history of previous violations and the

failure to comply with record keeping or other requirements.

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 within thirty days following service of the

order 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.