2013 New York Consolidated Laws
LAB - Labor
Article 13 - (350 - 363) INDUSTRIAL HOMEWORK
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.