2013 New York Consolidated Laws
LAB - Labor
Article 6 - (190 - 199-A) PAYMENT OF WAGES
198-A - Criminal penalties.


NY Lab L § 198-A (2012) What's This?
 
    §  198-a.  Criminal  penalties. 1. Every employer who does not pay the
  wages of all of his employees in accordance with the provisions of  this
  chapter, and the officers and agents of any corporation, partnership, or
  limited   liability   company  who  knowingly  permit  the  corporation,
  partnership, or limited liability company to  violate  this  chapter  by
  failing  to pay the wages of any of its employees in accordance with the
  provisions thereof, shall be guilty  of  a  misdemeanor  for  the  first
  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, 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. An indictment of a person or corporation operating  a
  steam  surface  railroad for an offense specified in this section may be
  found and tried in any county within the state in  which  such  railroad
  ran at the time of such offense.
    2.   Every   employer  who  violates  or  fails  to  comply  with  the
  requirements of subdivision four of section one hundred  ninety-five  of
  this   article,   and  the  officers  and  agents  of  any  corporation,
  partnership, or limited  liability  company  who  knowingly  permit  the
  corporation,  partnership,  or  limited  liability company to violate or
  fail to comply therewith, 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.
    3. Every employer who knowingly violates or fails to comply  with  the
  requirements  of  subdivision four of section one hundred ninety-five of
  this  article,  and  the  officers  and  agents  of   any   corporation,
  partnership,  or  limited  liability  company  who  knowingly permit the
  corporation, partnership, or limited liability  company  to  violate  or
  fail  to  comply  therewith,  shall  be  guilty  of  a felony where such
  employer, officer or agent has been convicted of  a  violation  of  such
  subdivision  within the previous six years, 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.  In
  determining  the  penalty,  the court shall consider the severity of the
  violation, the size of the  employer,  and  the  employer's  good  faith
  effort  to  comply  with the requirements of subdivision four of section
  one hundred ninety-five of this article.

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