N.Y. LAB Law § 198-A

§ 198-a. Criminal penalties. 1. Every employer who does not pay the\nwages of all of his employees in accordance with the provisions of this\nchapter, and the officers and agents of any corporation, partnership, or\nlimited liability company who knowingly permit the corporation,\npartnership, or limited liability company to violate this chapter by\nfailing to pay the wages of any of its employees in accordance with the\nprovisions thereof, shall be guilty of a misdemeanor for the first\noffense and upon conviction therefor shall be fined not less than five\nhundred nor more than twenty thousand dollars or imprisoned for not more\nthan one year, and, in the event that any second or subsequent offense\noccurs within six years of the date of conviction for a prior offense,\nshall be guilty of a felony for the second or subsequent offense, and\nupon conviction therefor, shall be fined not less than five hundred nor\nmore than twenty thousand dollars or imprisoned for not more than one\nyear plus one day, or punished by both such fine and imprisonment, for\neach such offense. An indictment of a person or corporation operating a\nsteam surface railroad for an offense specified in this section may be\nfound and tried in any county within the state in which such railroad\nran at the time of such offense.\n 2. Every employer who violates or fails to comply with the\nrequirements of subdivision four of section one hundred ninety-five of\nthis article, and the officers and agents of any corporation,\npartnership, or limited liability company who knowingly permit the\ncorporation, partnership, or limited liability company to violate or\nfail to comply therewith, shall be guilty of a misdemeanor and upon\nconviction therefor shall be fined not less than five hundred nor more\nthan five thousand dollars or imprisoned for not more than one year.\n 3. Every employer who knowingly violates or fails to comply with the\nrequirements of subdivision four of section one hundred ninety-five of\nthis article, and the officers and agents of any corporation,\npartnership, or limited liability company who knowingly permit the\ncorporation, partnership, or limited liability company to violate or\nfail to comply therewith, shall be guilty of a felony where such\nemployer, officer or agent has been convicted of a violation of such\nsubdivision within the previous six years, and upon conviction therefor\nshall be fined not less than five hundred nor more than twenty thousand\ndollars or imprisoned for not more than one year plus one day, or\npunished by both such fine and imprisonment, for each such offense. In\ndetermining the penalty, the court shall consider the severity of the\nviolation, the size of the employer, and the employer's good faith\neffort to comply with the requirements of subdivision four of section\none hundred ninety-five of this article.\n