* § 696-f. 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 of the employer, the gravity of\nthe violation, the history of previous violations and the failure to\ncomply with 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 standard benefits\nsupplement rate to all of the employer's employees, regardless of the\nnumber of hours worked by the employees.\n * NB Effective until January 1, 2026\n * § 696-f. Civil action. 1. On behalf of any employee paid less than\nthe applicable standard rate to which the employee is entitled under the\nprovisions of this article, the commissioner may bring any legal action\nnecessary, including administrative action, to collect such claim, and\nthe employer shall be required to pay the full amount of the\nunderpayment, plus costs, and unless the employer proves a good faith\nbasis to believe that its underpayment was in compliance with the law,\nan additional amount as liquidated damages. Liquidated damages shall be\ncalculated by the commissioner as no more than one hundred percent of\nthe total amount of underpayments found to be due the employee. In any\naction brought by the commissioner in a court of competent jurisdiction,\nliquidated damages shall be calculated as an amount equal to one hundred\npercent of underpayments found to be due the employee.\n 2. Notwithstanding any other provision of law, an action to recover\nupon a liability imposed by this article must be commenced within six\nyears. The statute of limitations shall be tolled from the date an\nemployee files a complaint with the commissioner or the commissioner\ncommences an investigation, whichever is earlier, until an order to\ncomply issued by the commissioner becomes final, or where the\ncommissioner does not issue an order, until the date on which the\ncommissioner notifies the complainant that the investigation has\nconcluded.\n 3. In any civil action by the commissioner, the commissioner shall\nhave the right to collect attorneys' fees and costs incurred in\nenforcing any court judgment. Any judgment or court order awarding\nremedies under this section shall provide that if any amounts remain\nunpaid upon the expiration of ninety days following issuance of\njudgment, or ninety days after expiration of the time to appeal and no\nappeal therefrom is then pending, whichever is later, the total amount\nof judgment shall automatically increase by fifteen percent.\n * NB Effective January 1, 2026\n
§ 696-f. Civil action. 1. On behalf of any employee paid less than the\napplicable standard rate to which the employee is entitled under the\nprovisions of this article, the commissioner may bring any legal action\nnecessary, including administrative action, to collect such claim, and\nthe employer shall be required to pay the full amount of the\nunderpayment, plus costs, and unless the employer proves a good faith\nbasis to believe that its underpayment was in compliance with the law,\nan additional amount as liquidated damages. Liquidated damages shall be\ncalculated by the commissioner as no more than one hundred percent of\nthe total amount of underpayments found to be due the employee. In any\naction brought by the commissioner in a court of competent jurisdiction,\nliquidated damages shall be calculated as an amount equal to one hundred\npercent of underpayments found to be due the employee.\n 2. Notwithstanding any other provision of law, an action to recover\nupon a liability imposed by this article must be commenced within six\nyears. The statute of limitations shall be tolled from the date an\nemployee files a complaint with the commissioner or the commissioner\ncommences an investigation, whichever is earlier, until an order to\ncomply issued by the commissioner becomes final, or where the\ncommissioner does not issue an order, until the date on which the\ncommissioner notifies the complainant that the investigation has\nconcluded.\n 3. In any civil action by the commissioner, the commissioner shall\nhave the right to collect attorneys' fees and costs incurred in\nenforcing any court judgment. Any judgment or court order awarding\nremedies under this section shall provide that if any amounts remain\nunpaid upon the expiration of ninety days following issuance of\njudgment, or ninety days after expiration of the time to appeal and no\nappeal therefrom is then pending, whichever is later, the total amount\nof judgment shall automatically increase by fifteen percent.\n
