New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter XII - Division Of Employment And Training
Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements
Subpart 921-7 - Enforcement By The Commissioner Of Labor
Section 921-7.1 - Powers of the commissioner
Current through Register Vol. 46, No. 12, March 20, 2024
(a) In any investigation or proceeding under this Part, the commissioner has, in addition to all powers granted by law, the authority to examine any information of an employer necessary to determine whether a violation has occurred, including to determine the validity of any defense.
(b) If an employer proves to the satisfaction of the commissioner, during the investigation or during the hearing as set forth in section 921-7.4 of this Subpart, that the act or omission that violated the Act or this Part was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of the Act, the commissioner may, in their discretion, reduce the amount of penalty and/or reduce the amount of the liability provided for under the Act. In determining the amount of such reduction(s), the commissioner shall consider:
(c) The commissioner shall not have the authority to enjoin a plant closing, relocation, mass layoff, or covered reduction in work hours.
(d) Investigation. After reviewing the information gathered as set forth in this Part or the Act, the commissioner shall determine whether a violation of the Act has occurred. If the commissioner needs additional information to determine if a violation of the Act has occurred, the commissioner may either notify the employer or employer's agent in writing or convene an investigative conference to gather additional information. Upon receipt by the commissioner of written consent from the employer, the employer's agent may attend on the employer's behalf at the investigative conference. An employer may be accompanied at the investigative conference by an attorney or representative. The commissioner shall notify the employer or the employer's agent of the results of the investigation.
