219-c. Public notice of employer violations. The commissioner shall have the following powers:
1. where an employer is found in violation of article six, nineteen or nineteen-A of this chapter, to post and/or affix for a period not to exceed one year a notice of no less than eight and one-half by eleven inches in an area visible to employees summarizing the violations found and other information deemed pertinent by the commissioner, according to such form and manner ordered by the commissioner; and
2. where the violation is for a willful failure to pay all wages as required by article six, nineteen, or nineteen-A of this chapter, to post and/or affix for a period not to exceed ninety days in an area visible to the general public, as ordered by the commissioner, a notice of no less than eight and one-half by eleven inches as to the violations found, according to such form and manner ordered by the commissioner. Any person other than the commissioner or the commissioner's duly authorized representative who removes, alters, defaces or otherwise interferes with a notice posted and/or affixed under this section shall be guilty of a misdemeanor.
3. where an order is issued under section two hundred eighteen of this article that assesses a civil penalty against an employer for a repeated, willful, or egregious violation, to direct such employer to report, by location, and to post on the department's website, for such period as the commissioner shall determine, (a) the number of permanent full-time employees, the number of temporary full-time employees, the number of permanent part-time employees, the number of temporary part-time employees, and the number of temporary staffing agency employees performing work for the employer; (b) the hourly rates of such employees reported in the following brackets: the state minimum wage to $9.99; $10.00 to $11.99; $12.00 to $14.99; and $15.00 or more; (c) the number of employees who regularly worked the following number of hours per week during the relevant calendar period: at least sixty; at least fifty but fewer than sixty; at least forty but fewer than fifty; at least thirty-five but fewer than forty; at least thirty but fewer than thirty-five; at least twenty-five but fewer than thirty; at least twenty but fewer than twenty-five; at least ten but fewer than twenty; at least five but fewer than ten; fewer than five. No individual identifying information of such employees shall be reported or otherwise disclosed to the department. For the purposes of this section "temporary employees" shall be those employees who are hired for a period of sixty days or less during the relevant calendar year, full-time employees shall be those regularly working forty hours or more per week during the relevant calendar year, part-time employees shall be those working less than forty hours per week during the relevant calendar year.
Last modified: February 3, 2019