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This entry was published on 2014-12-19
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SECTION 662
Penalties
Labor (LAB) CHAPTER 31, ARTICLE 19
§ 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.