Increasing civil penalties and prohibiting issuance of the food service establishment permit for outstanding penalties for violations of the fair work week law.

A Local Law to amend the administrative code of the city of New York, in relation to increasing civil penalties and prohibiting issuance of the food service establishment permit for outstanding penalties for violations of the fair work week law

This bill would double the maximum allowable civil penalties for certain violations of the Fair Work Week Law. Employers that violate the Fair Work Week Law for a second time within two years after a first violation could receive a civil penalty of up to $1,500 instead of $750, and for further violations, $2,000 instead of $1,000. The bill would also raise allowable civil penalties in civil actions for a pattern and practice of violations of the Fair Work Week Law to $30,000 from $15,000. Further, the Department of Consumer and Worker Protection may direct the Department of Health and Mental Hygiene to suspend, revoke, deny or refuse to renew a food service establishment permit for employers that: 1) have not satisfied a fine or civil penalty for violating the Fair Work Week Law or the Earned Safe and Sick Time Act; 2) a court has found the employer has engaged in a pattern or practice of violations of the Fair Work Week Law or the Earned Safe and Sick Time Act; or 3) the employer has been ordered to pay an aggregate of $500,000 or more in penalties or monetary relief for violations of the Fair Work Week Law or the Earned Safe and Sick Time Act in a three-year period. This bill would also entitle employees of employers whose food service establishment permits are suspended are revoked to receive a severance for the first 14 days.