N.Y. Labor Law § 860-h: Civil penalty

§ 860-h. Civil penalty. 1. An employer who fails to give notice as

required by paragraph (b) of subdivision one of section eight hundred

sixty-b of this article is subject to a civil penalty of not more than

five hundred dollars for each day of the employer's violation. The

employer is not subject to a civil penalty under this section if the

employer pays to all applicable employees the amounts for which the

employer is liable under section eight hundred sixty-g within three

weeks from the date the employer orders the mass layoff, relocation, or

employment loss.

2. The total amount of penalties for which an employer may be liable

under this section shall not exceed the maximum amount of penalties for

which the employer may be liable under federal law for the same

violation.

3. Any penalty amount paid by the employer under federal law shall be

considered a payment made under this article.

4. If an employer proves to the satisfaction of the commissioner that

the act or omission that violated this article was in good faith and

that the employer had reasonable grounds for believing that the act or

omission was not a violation of this article, the commissioner may in

his or her discretion reduce the amount of the penalty provided for in

this section. In determining the amount of such reduction, the

commissioner shall consider (a) of the size of the employer; (b) the

hardships imposed on employees by the violations; (c) any efforts by the

employer to mitigate the violation; and (d) the grounds for the

employer's belief.