2019 New York Laws
LAB - Labor
Article 12-A - Special Task Force for the Apparel Industry
344 - Powers.

§  344.  Powers.  Notwithstanding  any  other  state  or  local law or
regulation to the contrary,  the  special  task  force  shall  have  the
following   powers:  1.  To  inspect  books,  records  and  premises  of
manufacturers  and  contractors,  with  respect  to   their   respective
production   employees,  to  determine  compliance  with  this  chapter,
including but not  limited  to,  minimum  wage,  overtime  compensation,
unemployment  insurance  coverage,  child  labor and industrial homework
and, if the  special  task  force  determines  that  a  manufacturer  or
contractor  has  violated  any provision of this chapter with respect to
its production employees, to  assess  and  collect,  on  behalf  of  the
commissioner,  an  administrative  penalty.  If  the  violation  is of a
provision of this chapter for which the assessment and collection of  an
administrative  penalty  is  not  otherwise authorized, the special task
force may assess and collect a  penalty  of  up  to  two  hundred  fifty
dollars  for  a  first violation and up to five hundred dollars for each
subsequent violation. No  penalty  shall  be  levied  pursuant  to  this
subdivision  unless  the  commissioner  shall  provide the violator with
notification of such violation and of the amount of such  administrative
penalty  by  certified mail and with an opportunity to request a hearing
within fifteen days following the receipt of such notice. If  a  hearing
is requested, the commissioner may issue a final order upon such hearing
and a finding that a violation has occurred. If no hearing is requested,
such  notice  shall  become  a  final  order  upon the expiration of the
fifteen-day period. Payment of such administrative penalty is due when a
final order is issued or when the notice  becomes  a  final  order.  Any
penalty imposed pursuant to this subdivision may be recovered with costs
upon  an  appeal to the appellate division of the supreme court pursuant
to article seventy-eight of the civil practice law and rules and upon  a
final  determination  that the finding by the commissioner was in error.
Any penalty paid pursuant  to  this  subdivision  shall  be  applied  to
enforcement and administrative costs of the special task force;
  2.  When  in  the  course  of  inspections pursuant to subdivision one
above:
  (a)  To  inspect  books  and  records  of  manufacturers   and
contractors,  with  respect  to  their  respective production employees,
concerning the deduction and remittance to the proper authorities of all
federal, state and local payroll taxes and to refer to  the  appropriate
authorities  any  instance in which there is reasonable cause to believe
that the payment of federal, state and  local  payroll  taxes  is  being
evaded; and
  (b) To inspect premises of manufacturers and contractors, with respect
to  their  respective production employees, to determine compliance with
concerning state or local building codes, state  or  local  fire  codes,
laws or regulations and state or local health codes, laws or regulations
and  to refer to the appropriate authorities any instance in which there
is reasonable cause to believe that a violation of such codes,  laws  or
regulations  exists;  and to immediately evacuate and close any premises
deemed by a special task force investigator trained in  accordance  with
section  three  hundred forty-six of this article to recognize fire code
violations, to be a serious violation of the applicable fire  code;  and
to   refer   such   violation   immediately  to  the  appropriate  local
authorities; and
  (c) To take action authorized by this article necessary  to  implement
its provisions.