§ 198-a. Criminal penalties. 1. Every employer who does not pay the
wages of all of his employees in accordance with the provisions of this
chapter, and the officers and agents of any corporation, partnership, or
limited liability company who knowingly permit the corporation,
partnership, or limited liability company to violate this chapter by
failing to pay the wages of any of its employees in accordance with the
provisions thereof, shall be guilty of a misdemeanor for the first
offense and upon conviction therefor shall be fined not less than five
hundred nor more than twenty thousand dollars or imprisoned for not more
than one year, and, in the event that any second or subsequent offense
occurs within six years of the date of conviction for a prior offense,
shall be guilty of a felony for the second or subsequent offense, and
upon conviction therefor, shall be fined not less than five hundred nor
more than twenty thousand dollars or imprisoned for not more than one
year plus one day, or punished by both such fine and imprisonment, for
each such offense. An indictment of a person or corporation operating a
steam surface railroad for an offense specified in this section may be
found and tried in any county within the state in which such railroad
ran at the time of such offense.

2. Every employer who violates or fails to comply with the
requirements of subdivision four of section one hundred ninety-five of
this article, and the officers and agents of any corporation,
partnership, or limited liability company who knowingly permit the
corporation, partnership, or limited liability company to violate or
fail to comply therewith, shall be guilty of a misdemeanor and upon
conviction therefor shall be fined not less than five hundred nor more
than five thousand dollars or imprisoned for not more than one year.

3. Every employer who knowingly violates or fails to comply with the
requirements of subdivision four of section one hundred ninety-five of
this article, and the officers and agents of any corporation,
partnership, or limited liability company who knowingly permit the
corporation, partnership, or limited liability company to violate or
fail to comply therewith, shall be guilty of a felony where such
employer, officer or agent has been convicted of a violation of such
subdivision within the previous six years, and upon conviction therefor
shall be fined not less than five hundred nor more than twenty thousand
dollars or imprisoned for not more than one year plus one day, or
punished by both such fine and imprisonment, for each such offense. In
determining the penalty, the court shall consider the severity of the
violation, the size of the employer, and the employer's good faith
effort to comply with the requirements of subdivision four of section
one hundred ninety-five of this article.