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This entry was published on 2021-04-02
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§ 696-f. 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 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 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 standard benefits
supplement rate to all of the employer's employees, regardless of the
number of hours worked by the employees.