§ 2-07 Civil Penalties for Violations of Employer Notice Requirements.
RCNY § 2-07
(a)Penalties for Construction Poster violations with opportunity to cure.
(1)The failure of a Covered Employer performing Covered Work subject to the requirements of labor law article eight to comply with the Construction Poster requirements set forth in 44 RCNY § 2-04(c)(4) constitutes a separate violation at each work site, for each work day. Covered Employers are deemed to have willfully posted an incorrect Construction Poster if they knew or should have known that the trade classifications or Prevailing Wages and Supplements detailed in such poster are incorrect or incomplete for the Covered Work performed at such public work site. The penalty amounts set forth in Appendix A apply to the following Construction Poster violations.
(2)A Class 1 Construction Poster violation consists of: i) failing to post a Construction Poster at the public work site where the Covered Employer has 10 or more employees and has worked on a prior public work project; or ii) willfully posting an incorrect Construction Poster at the public work site.
(3)A Class 2 Construction Poster violation consists of: i) failing to post a Construction Poster at the public work site where the Covered Employer has fewer than 10 employees or has never worked on a prior public work project; or ii) posting a Construction Poster without schedules detailing trade classifications and Prevailing Wages and Supplements at the public work site; or iii) posting a Construction Poster in an inaccessible and not prominent place at the public work site.
(4)A Covered Employer that has committed a first Construction Poster violation under this section has ten days from receipt of the summons under 44 RCNY § 2-07(e) to post a proper Construction Poster, sign the admission of liability and certification of cure on the summons, and return the summons with a photograph of such poster to the Comptroller. If such proof of compliance is acceptable to the Comptroller, an order for such violation will be issued with no civil penalty. Each violation by a Covered Employer that occurs after the Comptroller has issued one order under 44 RCNY § 2-07 to that Covered Employer within the last six years is a second violation. Each violation by a Covered Employer that occurs after the Comptroller has issued two or more orders under 44 RCNY § 2-07 to that Covered Employer within the last six years is a third and subsequent violation.
(b)Penalties for Worker Notice violations with opportunity to cure.
(c)Penalties for pay stub violations with opportunity to cure.
(d)Designation. Before the Comptroller issues an order assessing a civil penalty against a Covered Employer under labor law section 220(3-a)(a)(ii) for failing to post a Construction Poster or willfully posting an incorrect Construction Poster, failing to provide a Worker Notice or willfully providing an incorrect Worker Notice, or for failing to provide a pay stub or willfully providing an incorrect pay stub, a hearing is held by the hearings division of the office of administrative trials and hearings.
(e)Summons. For every alleged violation under labor law section 220(3-a)(a)(ii), the Bureau issues a summons to the Covered Employer performing work at the public work site or employing the workers at issue. The summons is either served in person upon any managing or general agent of the Covered Employer or mailed to the Covered Employer at its business address. The summons contains the name and address of the Covered Employer, the address of the work site and date for alleged violations concerning the Construction Poster, the name of the employee and date for alleged violations concerning Worker Notices and pay stubs, a brief description of the nature of the alleged violation and the maximum and "mail-in" penalty amounts.
(f)Waiver of hearing. Any person who receives a summons under this section may waive a hearing by admitting the violation charged on the summons and paying the "mail-in" penalty amount. Payment must be made by certified or bank check payable to the "New York City Comptroller" and must be mailed to the Comptroller's office with the summons before the hearing date. Admission of the violation charged on the summons constitutes an order of the Comptroller for purposes of paragraph 4 of subdivision a, paragraph 4 of subdivision b and paragraph 4 of subdivision c of this section.
(g)Order. The presiding hearing officer promptly issues a recommended decision after the hearing, which may adjudicate violations alleged in one or more summonses. The recommended decision must describe particularly the nature of each alleged violation and assess a civil penalty or dismiss the charge. The office of administrative trials and hearings serves the recommended decision on every party. The recommended decision is not subject to an appeal under 48 RCNY § 6-19. The Comptroller may adopt, reject or modify, in whole or in part, the recommended decision when issuing an order under labor law section 220(3-a)(a)(ii). The Bureau files the order of the Comptroller and serves a copy of the order on every party. (Added City Record 11/21/2019, eff. 12/20/2019)
