Section 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
  violation.
    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.