* § 1053. Enforcement. 1. Notwithstanding any other provision of law,\nan employee who is sued by an employer seeking to enforce the provisions\nof a promissory note made null and void by this article shall be able to\nrecover attorney's fees upon a successful defense.\n 2. An employee or prospective employee who is aggrieved by a violation\nof this article may file a complaint with the commissioner. Any employer\ndetermined by the commissioner to have violated this article shall be\nfined by the commissioner not less than one thousand dollars and not\nmore than five thousand dollars for each violation. In assessing the\namount of the penalty, the commissioner shall give due consideration to\nthe size of the employer's business, the good faith basis of the\nemployer to believe that its conduct was in compliance with the law, the\ngravity of the violation, and the history of previous violations. Each\nemployee or prospective employee whom an employer required to execute an\nemployment promissory note or against whom an employer seeks to enforce\nsuch a note shall constitute a separate violation of this article.\n * NB Effective December 19, 2026\n
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