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This entry was published on 2014-09-22
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SECTION 361-B
Civil penalties
Labor (LAB) CHAPTER 31, ARTICLE 13
§ 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.