Section 218. Violations of certain provisions; civil penalties

1. If the
  commissioner determines that an employer has  violated  a  provision  of
  article  six  (payment  of  wages), article nineteen (minimum wage act),
  article nineteen-A, section two hundred twelve-a,  section  two  hundred
  twelve-b,  section  one  hundred  sixty-one (day of rest) or section one
  hundred  sixty-two  (meal  periods)  of  this  chapter,  or  a  rule  or
  regulation  promulgated  thereunder, the commissioner shall issue to the
  employer an order directing compliance therewith, which  shall  describe
  particularly  the  nature  of  the  alleged  violation.  In  addition to
  directing payment of wages, benefits or wage  supplements  found  to  be
  due,  such order, if issued to an employer who previously has been found
  in violation of  those  provisions,  rules  or  regulations,  or  to  an
  employer  whose  violation is willful or egregious, shall direct payment
  to the commissioner of an additional sum as a civil penalty in an amount
  equal to double the total amount found to be due. In no case  shall  the
  order direct payment of an amount less than the total wages, benefits or
  wage  supplements  found  by  the  commissioner  to  be  due,  plus  the
  appropriate civil penalty. Where the violation is  for  a  reason  other
  than  the  employer's failure to pay wages, benefits or wage supplements
  found to be due, the order shall direct payment to the commissioner of a
  civil penalty in an amount not to exceed  one  thousand  dollars  for  a
  first  violation,  two  thousand dollars for a second violation or three
  thousand dollars for a third or subsequent violation. In  assessing  the
  amount  of the penalty, the commissioner shall give due consideration to
  the size of the employer's business, the good faith of the employer, the
  gravity of the violation, the history of previous violations and, in the
  case of wages, benefits or supplements violations, the failure to comply
  with recordkeeping or other non-wage requirements.
    Where there is a violation of section one  hundred  ninety-eight-b  of
  this chapter, the order shall direct payment back to the employee of the
  amount of wages, supplements or other thing of value unlawfully received
  plus  interest  at the rate of interest then in effect, as prescribed by
  the superintendent of  banks  pursuant  to  section  fourteen-a  of  the
  banking  law per annum from the date of the payback, return, donation or
  contribution to the date of payment, and shall include such other relief
  as may be  appropriate,  including  rehiring  or  reinstatement  of  the
  employee  to  his or her former position, back wages, and restoration of
  seniority. In addition, the commissioner shall order payment of a  civil
  penalty  of  at least twenty-five hundred dollars but not more than five
  thousand dollars per violation. In assessing the amount of the  penalty,
  the  commissioner  shall  give  due  consideration  to  the  size of the
  employer's business, the good faith of the employer, the gravity of  the
  violation, the history of previous violations.
    2.  An  order  issued  under  subdivision one of this section shall be
  final and not subject to review by any court or agency unless review  is
  had pursuant to section one hundred one of this chapter.
    3.  Provided  that no proceeding for administrative or judicial review
  as provided in this chapter shall then  be  pending  and  the  time  for
  initiation  of  such proceeding shall have expired, the commissioner may
  file with the county clerk of the county where the employer  resides  or
  has  a  place of business the order of the commissioner, or the decision
  of the industrial board of appeals containing the amount found to be due
  including the civil penalty,  if  any.  The  filing  of  such  order  or
  decision  shall  have  the  full  force  and  effect  of a judgment duly
  docketed in the office of such clerk.  The  order  or  decision  may  be
  enforced  by and in the name of the commissioner in the same manner, and
  with like effect, as that prescribed by the civil practice law and rules
  for the enforcement of a money judgment.

    4. The civil penalty provided for in this section shall be in addition
  to and may be imposed concurrently with  any  other  remedy  or  penalty
  provided for in this chapter.