§ 218. Violations of certain provisions; civil penalties. 1. If the\ncommissioner determines that an employer has violated a provision of\narticle six (payment of wages), article nineteen (minimum wage act),\narticle nineteen-A (minimum wage standards and protective labor\npractices for farm workers), article twenty-one-A (warehouse worker\nprotection act), section two hundred twelve-a, section two hundred\ntwelve-b, section one hundred sixty-one (day of rest) or section one\nhundred sixty-two (meal periods) of this chapter, or a rule or\nregulation promulgated thereunder, the commissioner shall issue to the\nemployer an order directing compliance therewith, which shall describe\nparticularly the nature of the alleged violation. A copy of such order\nshall be provided to any employee who has filed a complaint and any\nauthorized representative of him or her. In addition to directing\npayment of wages, benefits or wage supplements found to be due, and\nliquidated damages in the amount of one hundred percent of unpaid wages,\nsuch order, if issued to an employer who previously has been found in\nviolation of those provisions, rules or regulations, or to an employer\nwhose violation is willful or egregious, shall direct payment to the\ncommissioner of an additional sum as a civil penalty in an amount not to\nexceed double the total amount of wages, benefits, or wage supplements\nfound to be due. In no case shall the order direct payment of an amount\nless than the total wages, benefits or wage supplements found by the\ncommissioner to be due, plus the liquidated damages in the amount of one\nhundred percent of unpaid wages, the appropriate civil penalty, and\ninterest at the rate of interest then in effect, as prescribed by the\nsuperintendent of financial services pursuant to section fourteen-a of\nthe banking law per annum from the date of the underpayment to the date\nof the payment. Where the violation is for a reason other than the\nemployer's failure to pay wages, benefits or wage supplements found to\nbe due, the order shall direct payment to the commissioner of a civil\npenalty in an amount not to exceed one thousand dollars for a first\nviolation, two thousand dollars for a second violation or three thousand\ndollars for a third or subsequent violation. In assessing the amount of\nthe penalty, the commissioner shall give due consideration to the size\nof the employer's business, the good faith basis of the employer to\nbelieve that its conduct was in compliance with the law, the gravity of\nthe violation, the history of previous violations and, in the case of\nwages, benefits or supplements violations, the failure to comply with\nrecordkeeping or other non-wage requirements.\n Where there is a violation of section one hundred ninety-eight-b of\nthis chapter, the order shall direct payment back to the employee of the\namount of wages, supplements or other thing of value unlawfully received\nplus liquidated damages in the amount of one hundred percent of unpaid\nwages, and interest at the rate of interest then in effect, as\nprescribed by the superintendent of financial services pursuant to\nsection fourteen-a of the banking law per annum from the date of the\npayback, return, donation or contribution to the date of payment, and\nshall include such other relief as may be appropriate, including\nrehiring or reinstatement of the employee to his or her former position,\nback wages, and restoration of seniority. In addition, the commissioner\nshall order payment of a civil penalty of at least twenty-five hundred\ndollars but not more than five thousand dollars per violation. In\nassessing the amount of the penalty, the commissioner shall give due\nconsideration to the size of the employer's business, the good faith\nbasis of the employer to believe that its conduct was in compliance with\nthe law, the gravity of the violation, and the history of previous\nviolations.\n At the discretion of the commissioner, the commissioner
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