On May 11, 2009, a bill (A3919) was introduced that would provide enhanced penalties for repeat violators of the state’s wage and hour laws. Under the bill, the Commissioner of Labor would be given the authority, after notice and an opportunity for hearing, to suspend any one or more licenses held by the employer, as an alternative, or in addition to, the imposition of fines and penalties. A temporary license suspension could be imposed if the Commissioner determines that an employer has knowingly failed to maintain and report all records regarding wages, benefits and taxes that are required to be maintained pursuant to state law, and in connection with this failure to maintain/report, knowingly failed to pay wages and benefits.
The bill also provides that a subsequent audit must be conducted within six months after the date of a suspension. If it is determined during the subsequent audit that the employer has continued to knowingly fail to pay the required wages and benefits, the Commissioner may direct the appropriate state agency to permanently revoke any licenses held by the employer.