New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter II - DIVISION OF LABOR STANDARDS
Subchapter E - Employment Of Minors
Part 186 - Child Performers
Subpart 186-10 - Penalties And Appeals
Section 186-10.1 - Penalties and appeals
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Where the commissioner finds that a child performer's employer has violated any provision of article 4-A of the Labor Law or of this Part, the commissioner may, in addition to revocation or suspension of the employer certificate of eligibility pursuant to section 186-4.2 of this Part, issue an order describing the nature of the violation and assess a civil penalty therefor. Each violation shall constitute a separate offense.
(b) The civil penalty shall not exceed $1,000 for the first violation, $2,000 for the second violation and $3,000 for the third or subsequent violation.
(c) In determining the penalty to be assessed against an employer, 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 the failure to comply with other provisions of the Labor Law.
(d) Any final order issued by the commissioner under this Part shall be subject to review by the Industrial Board of Appeals pursuant to Labor Law, section 101 prior to any appeal to a court of competent jurisdiction.
