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This entry was published on 2014-09-22
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Civil penalty
§ 860-h. Civil penalty. 1. An employer who fails to give notice as
required by paragraph (b) of subdivision one of section eight hundred
sixty-b of this article is subject to a civil penalty of not more than
five hundred dollars for each day of the employer's violation. The
employer is not subject to a civil penalty under this section if the
employer pays to all applicable employees the amounts for which the
employer is liable under section eight hundred sixty-g within three
weeks from the date the employer orders the mass layoff, relocation, or
employment loss.

2. The total amount of penalties for which an employer may be liable
under this section shall not exceed the maximum amount of penalties for
which the employer may be liable under federal law for the same

3. Any penalty amount paid by the employer under federal law shall be
considered a payment made under this article.

4. If an employer proves to the satisfaction of the commissioner that
the act or omission that violated this article was in good faith and
that the employer had reasonable grounds for believing that the act or
omission was not a violation of this article, the commissioner may in
his or her discretion reduce the amount of the penalty provided for in
this section. In determining the amount of such reduction, the
commissioner shall consider (a) of the size of the employer; (b) the
hardships imposed on employees by the violations; (c) any efforts by the
employer to mitigate the violation; and (d) the grounds for the
employer's belief.