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

Universal Citation: 12 NY Comp Codes Rules and Regs § 921-7.1

Current through Register Vol. 44, No. 51, December 21, 2022

(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 his or her 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:

(1) the size of the employer;

(2) the hardships imposed on employees by the violation;

(3) any efforts by the employer to mitigate the violation;

(4) the grounds for the employer's belief that its violation was made in the good faith belief that the failure to provide notice was not a violation of the act;

(5) the employer's good faith cooperation with the commissioner's request for additional information necessary to his/her enforcement of the act and this Part; and

(6) the truthfulness of the information provided in response to the commissioner's inquiries.

(c) The commissioner shall not have the authority to enjoin a plant closing, relocation, mass layoff, or covered reduction in work hours.

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