S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6868
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced  by M. of A. HOOKS -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to the  civil  penalties  for
   violations of child labor laws
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 141 of the labor law,  as  amended
 by chapter 642 of the laws of 1991, is amended to read as follows:
   1.    If  the  commissioner  finds  that  an employer has violated any
 provision of this article or of a rule or regulation promulgated  there-
 under, the commissioner may by an order which shall describe particular-
 ly  the  nature of the violation, assess the employer a civil penalty of
 not more than [one] THREE thousand dollars for the first such violation,
 NO LESS THAN THREE THOUSAND  BUT  not  more  than  [two]  FIVE  thousand
 dollars  for  a second violation, and NO LESS THAN FIVE THOUSAND BUT not
 more than [three]  TEN  thousand  dollars  for  a  third  or  subsequent
 violation. Such penalty shall be paid to the commissioner for deposit in
 the  treasury  of the state. 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 TO BELIEVE THAT ITS CONDUCT WAS
 IN COMPLIANCE WITH THE LAW, the gravity of the violation, the history of
 previous  violations  and  the  failure to comply with record-keeping or
 other  requirements,  provided,  however,  that  where  such   violation
 involves illegal employment during which a minor is seriously injured or
 dies,  such  penalty shall be treble the maximum penalty allowable under
 the law for such violation.   For the purposes of  this  subdivision,  a
 minor  shall be deemed to be seriously injured if such injury results in
 a permanent partial or permanent total disability as determined  by  the
 workers' compensation board.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11017-01-5