Payment of civil fines and penalties in installments by employers of fewer than 50 employees
Register checked through Jul 29, 2026
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Phase2b Dequote Reversal
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- May 19, 2026
Pursuant to Executive Law section 297.4(c), where the commissioner finds that a respondent has engaged in any unlawful discriminatory practice, the commissioner shall issue an order which may include, inter alia , the assessment of civil fines and penalties, in an amount not to exceed $50,000, to be paid to the State by a respondent found to have committed an unlawful discriminatory act, or not to exceed $100,000 to be paid to the State by a respondent found to have committed an unlawful discriminatory act which is found to be willful, wanton or malicious, section 297.4(c)(vi). Pursuant to Executive Law section 297.4(e), in cases of employment discrimination where the employer has fewer than 50 employees, such civil fine or penalty may be paid in reasonable installments, with reasonable interest resulting from the delay, and in no case may installments be made over a period longer than three years. Executive Law, section 297.4(e) further requires the division to promulgate regulations regarding installment payments.
Any commissioner's order assessing civil fines and penalties shall be made in accordance with the following:
Form and content of proof ), 465.12(i) ( Hearing record ), and 465.17(c) ( Preparation and order ) of this Title.
Any commissioner's order assessing civil fines and penalties, and providing that such civil fines and penalties are payable in installments by an employer of fewer than 50 employees, shall be made in accordance with the following:
Any portion of civil fines and penalties paid within 60 days after the date of the commissioner's order shall not accrue any interest. Interest on any remaining installments may be reduced on all or any portion of an installment by paying in advance of the due dates. Any portion or installment of civil fines and penalties paid after 60 days from the date of the commissioner's order shall accrue interest, from the date of the commissioner's order to the date of payment, at the rate set forth in CPLR section 5004. Any other provision of law, applicable to the employer or the facts of the case, which indicates a different rate of interest is applicable, may be taken into consideration in the discretion of the commissioner.