N.Y. Labor Law § 662: Penalties

§ 662. Penalties. 1. Failure to pay minimum wage or overtime

compensation. Any employer or his or her agent, or the officer or agent

of any corporation, partnership, or limited liability company, who pays

or agrees to pay to any employee less than the wage applicable under

this article shall be guilty of a misdemeanor 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. Each

payment to any employee in any week of less than the wage applicable

under this article shall constitute a separate offense.

2. Failure to keep records. Any employer or his or her agent, or the

officer or agent of any corporation, partnership, or limited liability

company, who fails to keep the records required under this article or to

furnish such records or any information required to be furnished under

this article to the commissioner or his or her authorized representative

upon request, or who hinders or delays the commissioner or his or her

authorized representative in the performance of his or her duties in the

enforcement of this article, or refuses to admit the commissioner or his

or her authorized representative to any place of employment, or

falsifies any such records or refuses to make such records accessible to

the commissioner or his or her authorized representative, or refuses to

furnish a sworn statement of such records or any other information

required for the proper enforcement of this article to the commissioner

or his or her authorized representative, 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, 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. Each day's failure to keep the

records requested under this article or to furnish such records or

information to the commissioner or his or her authorized representative

shall constitute a separate offense.