2013 New York Consolidated Laws
LAB - Labor
Article 19 - (650 - 665) MINIMUM WAGE ACT
662 - Penalties.


NY Lab L § 662 (2012) What's This?
 
    §  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.

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