{"data":{"id":"us-nyc/n.y.c.-admin.-code-20-1414","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § 20-1414","heading":"§ 20-1414 Enforcement.","body":"a. \n\t\t\t\t\t\t\t\t\t\t\t\tDesignated office or agency. The mayor shall designate an office or agency to enforce sections 20-1409 and 20-1413. For purposes of this section, such office or agency shall be referred to as the \"enforcement agency.\"\n\nb. \n\t\t\t\t\t\t\t\t\t\t\t\tViolations and penalties.\n\n1. A participating employer who violates subdivision a or b of section 20-1409 or any rule implementing such subdivisions shall be liable for a civil penalty of not more than $250 for such violation, provided that the civil penalty for a violation that occurs within two years of any previous violation shall be not more than $500 for the second violation, and not more than $1,000 for any subsequent violation within the two-year period. A violation constitutes a failure to comply with subdivision a or b of section 20-1409 with respect to each covered employee or other eligible individual.\n\n2. Notwithstanding paragraph 1 of this subdivision, a participating employer who violates section 20-1413 or any rule implementing such section shall be liable for a civil penalty of $100 for each such violation. A violation constitutes a failure to comply with the requirements of such section or any rule implementing such section with respect to each covered employee or other eligible individual.\n\n3. Notwithstanding paragraphs 1 and 2 of this subdivision, an employer, whether participating or non-participating, found to be in violation of any requirement of this chapter not specified in paragraphs 1 and 2 of this subdivision, or of any rule implementing this chapter not specified in such paragraphs, shall be liable for a civil penalty of $100 for each such violation. A violation constitutes a failure to comply with any such requirement of this chapter or any rule implementing such requirement with respect to each covered employee or other eligible individual.\n\nc. \n\t\t\t\t\t\t\t\t\t\t\t\tEnforcement.\n\n1. Any covered employee or other eligible individual alleging a violation described in subdivision b of this section may file a complaint with the enforcement agency within one year of the date such employee learned or should have learned of the alleged violation.\n\n2. The enforcement agency may, at any time after the filing of a complaint, resolve the complaint by any method of dispute resolution, unless such complaint is withdrawn by the complainant.\n\n3. The enforcement agency shall keep complainants reasonably notified regarding the status of their complaint.\n\n4. If, as a result of an investigation of a complaint or an investigation conducted upon its own initiative, the enforcement agency believes that a violation has occurred, it may issue a notice of violation to the participating employer. The notice of violation shall be returnable to the office of administrative trials and hearings. Such office shall have the power to impose the penalties described by subdivision b of this section, and to order any appropriate legal and equitable relief with respect to a covered employee or other eligible individual in furtherance of the purposes of this chapter, provided that the enforcement agency may reserve to itself the power to issue final decisions, determinations and orders, after receiving the recommendation of such office, on matters other than findings of fact.\n\n5. The enforcement agency may settle a notice of violation at any time prior to the conclusion of an adjudication, provided that any complainant who opts out of such settlement may withdraw his or her complaint and exercise a private right of action pursuant to subdivision d of this section.\n\nd. \n\t\t\t\t\t\t\t\t\t\t\t\tPrivate Right of Action.\n\n1. Any covered employee or other eligible individual alleging a violation described in paragraph 1 or 2 of subdivision b of this section may bring a civil action or proceeding pursuant to this section against a participating employer only when:\n\n(A) such covered employee or other eligible individual has filed a complaint with the enforcement agency pursuant to paragraph 1 of subdivision c of this section arising out of the same facts and circumstances, the enforcement agency has not, within four months, either resolved such complaint with the consent of the complainant or issued a notice of violation, and such employee or individual has withdrawn such complaint;\n\n(B) such covered employee or other eligible individual has filed a complaint with the enforcement agency pursuant to paragraph 1 of subdivision c of this section arising out of the same facts and circumstances, has opted out of a settlement reached by such agency, and has withdrawn such complaint; or\n\n(C) the enforcement agency has terminated the administrative proceeding prior to a decision of the office of administrative trials and hearings on the merits of the complaint.\n\n2. The remedy in any civil action or proceeding undertaken pursuant to this subdivision may include any appropriate legal or equitable relief with respect to a covered employee or other eligible individual in furtherance of the purposes of this chapter, including recovery of costs and reasonable attorneys' fees.\n\n3. Where the corporation counsel has brought a civil action or proceeding pursuant to subdivision e of this section against a participating employer alleging violations described in subdivision b of this section, a covered employee or other eligible individual shall not bring a civil action or proceeding pursuant to this subdivision, arising out of the same facts and circumstances, against such employer, unless such covered employee or other eligible individual has obtained the consent of the corporation counsel.\n\ne. The corporation counsel may bring a civil action or proceeding against any employer:\n\n1. to impose the civil penalties authorized by subdivision b of this section and compel compliance with this chapter or restrain or prevent any violation described in such subdivision or any continuance of any such violation, and to recover costs and reasonable attorneys' fees; and\n\n2. to obtain any appropriate legal or equitable relief with respect to any covered employee or other eligible individual harmed by any violation described in subdivision b of this section.\n\n(L.L. 2021/051, 5/11/2021, eff. 8/9/2021)","path":["New York City Administrative Code","Title 20","Chapter 14: Savings Access New York – Board and Program for Private Sector Employee Retirement Savings"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"01bb5fa06d9533ee914cd60da668a1ffe21a856057aa5edb02067d601bbf39c9","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-20-1413","next":"us-nyc/n.y.c.-admin.-code-20-1415"},"notice":"GroundRules: Original legal text. Not legal advice."}