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Penalties & Enforcement

Penalties & Enforcement
What Actually Happens

$500 first violation, $1,500 for subsequent violations. But here's what enforcement really looks like.

First Violation
$500
Subsequent
$1,500
Enforcer
DCWP
Private Suits
None

Penalty Structure

Each candidate affected is a separate violation

First violation (any requirement)

Official penalty: $500

Real Cost
Scenario-dependent

Loophole

DCWP must give written notice first. You have opportunity to cure before penalty.

Strategy

Respond immediately to DCWP notice. Show good faith compliance efforts to reduce penalty.

Subsequent violations (same day)

Official penalty: $500-$1,500 each

Real Cost
Scenario-dependent

Loophole

Daily-use events and notice failures can have different count bases; candidate volume is not a universal multiplier.

Strategy

If caught, immediately stop using AEDT. Limits number of violations to candidates already processed.

Subsequent violations (different days)

Official penalty: $1,500 each

Real Cost
Scenario-dependent

Loophole

Continuing use may create additional daily-use exposure; the actual assessment depends on the violation facts and enforcement process.

Strategy

Never ignore DCWP notice. First violation is cheap. Subsequent violations are expensive.

Enforcement Realities: Myth vs Reality

What you've heard vs what actually happens

✗

Myth

DCWP actively monitors all employers

✓

Reality

DCWP enforcement is complaint-driven. Most violations discovered through candidate complaints.

Your Strategy

Provide excellent candidate experience. Happy candidates don't file complaints.

✗

Myth

Every violation results in penalty

✓

Reality

DCWP often issues warnings first, especially for good-faith compliance attempts.

Your Strategy

Document all compliance efforts. Show you're trying to comply even if imperfect.

✗

Myth

Candidate count is the universal penalty multiplier

✓

Reality

NYC penalty exposure depends on the violation class. Daily AEDT-use events and candidate-notice failures should be modeled separately.

Your Strategy

Document use dates, notices, audit/publication state, and the facts supporting each scenario.

✗

Myth

Private lawsuits are possible

✓

Reality

NO private right of action. Only DCWP can enforce. Candidates cannot sue under LL144.

Your Strategy

Only worry about DCWP enforcement. No class action risk like other employment laws.

Avoid Penalties Entirely

Our platform ensures continuous compliance with automated monitoring and alerts.