* § 696-e. Records of employers. For every employee covered by this
article, every employer shall establish, maintain, and preserve for not
less than six years contemporaneous, true, and accurate payroll records
showing for each week worked the hours worked, the compensation
provided, plus such other information as the commissioner deems material
and necessary. For all covered airport workers who are not exempt from
overtime compensation as established in the commissioner's minimum wage
orders or otherwise provided by law, rule, or regulation, the payroll
records shall include the compensation provided and the regular hourly
rate or rates of pay, the overtime rate or rates of pay, the number of
regular hours worked, the number of overtime hours worked and the cost
of benefits and/or benefit supplements. On demand, the employer shall
furnish to the commissioner or his or her duly authorized representative
a sworn statement of the hours worked, rate or rates of compensation,
for each covered airport worker, plus such other information as the
commissioner deems material and necessary. Every employer shall keep
such records open to inspection by the commissioner or his or her duly
authorized representative at any reasonable time. Every employer of a
covered airport worker shall keep a digest and summary of this article
which shall be prepared by the commissioner, posted in a conspicuous
place in his or her establishment and shall also keep posted such
additional copies of said digest and summary as the commissioner
prescribes. Employers shall, on request, be furnished with copies of
this article and of orders, and of digests and summaries thereof,
without charge. Employers shall permit the commissioner or his or her
duly authorized representative to question without interference any
employee of such employer in a private location at the place of
employment and during working hours in respect to the wages paid to and
the hours worked by such employee or other employees.

* NB Effective until January 1, 2026

* § 696-e. Penalties. 1. If the commissioner finds that any employer
has violated any provision of this article or of a rule or regulation
promulgated thereunder, the commissioner may, after an opportunity for a
hearing, and by an order which shall describe particularly the nature of
the violation, assess the employer a civil penalty of not more than ten
thousand dollars for the first such violation within six years, not more
than twenty thousand dollars for a second violation within six years and
not more than fifty thousand dollars for a third or subsequent violation
within six years. 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 basis 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.

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 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. 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.

4. Upon a showing by an employee organization, the commissioner may
investigate by examining payroll records whether an employer withheld
hours of work to employees for the purpose of reducing the employer's
obligations under this article. If, after the opportunity for a hearing,
the commissioner determines that an employer withheld hours of work to
employees for the purpose of reducing the employer's obligations under
this article, the commissioner may, in addition to any other penalty
available, also require that the employer pay the applicable standard
rate to all of the employer's employees, regardless of the number of
hours worked by the employees.

* NB Effective January 1, 2026