Section 662. Penalties  


Latest version.
  • 1. Discrimination against employee. Any employer or
      his agent, or the officer or agent of any corporation, who discharges or
      in  any  other  manner  discriminates  against any employee because such
      employee has made a complaint to his employer, or to the commissioner or
      his authorized representative, that he has not been paid  in  accordance
      with the provisions of this article, or because such employee has caused
      to  be  instituted  a  proceeding  under  or related to this article, or
      because such employee has  testified  or  is  about  to  testify  in  an
      investigation  or  proceeding  under  this article, shall be guilty of a
      class B misdemeanor.
        2. Payment of less than minimum wage. Any employer or  his  agent,  or
      the  officer  or  agent of any corporation, who pays or agrees to pay to
      any employee less than the wage applicable under this article  shall  be
      guilty  of a class B misdemeanor and each payment to any employee in any
      week  of  less  than  the  wage  applicable  under  this  article  shall
      constitute a separate offense.
        3.  Failure to keep records. Any employer or his agent, or the officer
      or agent of any corporation, who fails  to  keep  the  records  required
      under  this  article  or  to  furnish  such  records  or any information
      required to be furnished under this article to the commissioner  or  his
      authorized  representative  upon  request,  or who hinders or delays the
      commissioner or his authorized representative in the performance of  his
      duties  in  the  enforcement  of  this  article, or refuses to admit the
      commissioner  or  his  authorized  representative  to   any   place   of
      employment,  or  falsifies  any  such  records  or  refuses to make such
      records accessible to the commissioner or his authorized representative,
      or refuses to furnish a sworn statement of such  records  or  any  other
      information  required  for the proper enforcement of this article to the
      commissioner or his authorized representative,  shall  be  guilty  of  a
      class B misdemeanor and each day's failure to keep the records requested
      under  this  article  or  to  furnish such records or information to the
      commissioner  or  his  authorized  representative  shall  constitute   a
      separate offense.
        4.  Where  any  person has previously been convicted of a violation of
      this section within the preceding five  years,  upon  conviction  for  a
      second  or  subsequent  violation  such  person  may  be fined up to ten
      thousand dollars in addition to  any  other  penalties  including  fines
      otherwise  provided by law; provided, however, that the total additional
      fine that may be imposed  pursuant  to  this  subdivision  for  separate
      offenses committed in any consecutive twelve month period may not exceed
      ten thousand dollars.