* § 696-e. Records of employers. For every employee covered by this\narticle, every employer shall establish, maintain, and preserve for not\nless than six years contemporaneous, true, and accurate payroll records\nshowing for each week worked the hours worked, the compensation\nprovided, plus such other information as the commissioner deems material\nand necessary. For all covered airport workers who are not exempt from\novertime compensation as established in the commissioner's minimum wage\norders or otherwise provided by law, rule, or regulation, the payroll\nrecords shall include the compensation provided and the regular hourly\nrate or rates of pay, the overtime rate or rates of pay, the number of\nregular hours worked, the number of overtime hours worked and the cost\nof benefits and/or benefit supplements. On demand, the employer shall\nfurnish to the commissioner or his or her duly authorized representative\na sworn statement of the hours worked, rate or rates of compensation,\nfor each covered airport worker, plus such other information as the\ncommissioner deems material and necessary. Every employer shall keep\nsuch records open to inspection by the commissioner or his or her duly\nauthorized representative at any reasonable time. Every employer of a\ncovered airport worker shall keep a digest and summary of this article\nwhich shall be prepared by the commissioner, posted in a conspicuous\nplace in his or her establishment and shall also keep posted such\nadditional copies of said digest and summary as the commissioner\nprescribes. Employers shall, on request, be furnished with copies of\nthis article and of orders, and of digests and summaries thereof,\nwithout charge. Employers shall permit the commissioner or his or her\nduly authorized representative to question without interference any\nemployee of such employer in a private location at the place of\nemployment and during working hours in respect to the wages paid to and\nthe hours worked by such employee or other employees.\n * NB Effective until January 1, 2026\n * § 696-e. Penalties. 1. If the commissioner finds that any employer\nhas violated any provision of this article or of a rule or regulation\npromulgated thereunder, the commissioner may, after an opportunity for a\nhearing, and by an order which shall describe particularly the nature of\nthe violation, assess the employer a civil penalty of not more than ten\nthousand dollars for the first such violation within six years, not more\nthan twenty thousand dollars for a second violation within six years and\nnot more than fifty thousand dollars for a third or subsequent violation\nwithin six years. Such penalty shall be paid to the commissioner for\ndeposit in the treasury of the state. In assessing the amount of the\npenalty, the commissioner shall give due consideration to the size of\nthe employer's business, the good faith basis of the employer to believe\nthat its conduct was in compliance with the law, the gravity of the\nviolation, the history of previous violations and the failure to comply\nwith record-keeping or other requirements.\n 2. Any order issued under subdivision one of this section shall be\ndeemed a final order of the commissioner and not subject to review by\nany court or agency unless the employer files a petition with the\nindustrial board of appeals for a review of the order, pursuant to\nsection one hundred one of this chapter.\n 3. The civil penalty provided for in this section shall be in addition\nto and may be imposed concurrently with any other remedy or penalty\nprovided for in this chapter.\n 4. Upon a showing by an employee organization, the commissioner may\ninvestigate by examining payroll records whether an employer withheld\nhours of work to employees for the purpose of reducing the employer's\nobligations under this article. If, after the opportunity for a hearing,\nthe commissioner determines that an employer withheld hours of work to\nemployees for the purpose of reducing the employer's obligations under\nthis article, the commissioner may, in addition to any other penalty\navailable, also require that the employer pay the applicable standard\nrate to all of the employer's employees, regardless of the number of\nhours worked by the employees.\n * NB Effective January 1, 2026\n
§ 696-e. Penalties. 1. If the commissioner finds that any employer has\nviolated any provision of this article or of a rule or regulation\npromulgated thereunder, the commissioner may, after an opportunity for a\nhearing, and by an order which shall describe particularly the nature of\nthe violation, assess the employer a civil penalty of not more than ten\nthousand dollars for the first such violation within six years, not more\nthan twenty thousand dollars for a second violation within six years and\nnot more than fifty thousand dollars for a third or subsequent violation\nwithin six years. Such penalty shall be paid to the commissioner for\ndeposit in the treasury of the state. In assessing the amount of the\npenalty, the commissioner shall give due consideration to the size of\nthe employer's business, the good faith basis of the employer to believe\nthat its conduct was in compliance with the law, the gravity of the\nviolation, the history of previous violations and the failure to comply\nwith record-keeping or other requirements.\n 2. Any order issued under subdivision one of this section shall be\ndeemed a final order of the commissioner and not subject to review by\nany court or agency unless the employer files a petition with the\nindustrial board of appeals for a review of the order, pursuant to\nsection one hundred one of this chapter.\n 3. The civil penalty provided for in this section shall be in addition\nto and may be imposed concurrently with any other remedy or penalty\nprovided for in this chapter.\n 4. Upon a showing by an employee organization, the commissioner may\ninvestigate by examining payroll records whether an employer withheld\nhours of work to employees for the purpose of reducing the employer's\nobligations under this article. If, after the opportunity for a hearing,\nthe commissioner determines that an employer withheld hours of work to\nemployees for the purpose of reducing the employer's obligations under\nthis article, the commissioner may, in addition to any other penalty\navailable, also require that the employer pay the applicable standard\nrate to all of the employer's employees, regardless of the number of\nhours worked by the employees.\n
