N.Y. Labor Law § 696-e: Penalties

§ 696-e. Penalties. 1. If the commissioner finds that any employer has

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

promulgated thereunder, the commissioner may, after an opportunity for a

hearing, and 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 within six years, not more

than twenty thousand dollars for a second violation within six years and

not more than fifty thousand dollars for a third or subsequent violation

within six years. 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 basis 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.

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. 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.

4. Upon a showing by an employee organization, the commissioner may

investigate by examining payroll records whether an employer withheld

hours of work to employees for the purpose of reducing the employer's

obligations under this article. If, after the opportunity for a hearing,

the commissioner determines that an employer withheld hours of work to

employees for the purpose of reducing the employer's obligations under

this article, the commissioner may, in addition to any other penalty

available, also require that the employer pay the applicable standard

rate to all of the employer's employees, regardless of the number of

hours worked by the employees.