§ 219. Violations of certain wage payment provisions; interest, filing\nof order as judgment. 1. If the commissioner determines that an employer\nhas failed to pay wages, benefits or wage supplements required pursuant\nto article six (payment of wages), article nineteen (minimum wage act)\nor article nineteen-A (minimum wage standards and protective labor\npractices for farm workers) of this chapter, or a rule or regulation\npromulgated thereunder, the commissioner shall issue to the employer an\norder directing compliance therewith, which shall describe particularly\nthe nature of the alleged violation. A copy of such order shall be\nprovided to any employee who has filed a complaint and to his or her\nauthorized representative. Such order shall direct payment of wages or\nsupplements found to be due, liquidated damages in the amount of one\nhundred percent of unpaid wages, and interest at the rate of interest\nthen in effect as prescribed by the superintendent of financial services\npursuant to section fourteen-a of the banking law per annum from the\ndate of the underpayment to the date of the payment.\n At the discretion of the commissioner, the commissioner shall have\nfull authority to provide for inclusion of an automatic fifteen percent\nadditional amount of damages to come due and owing upon expiration of\nninety days from an order to comply becoming final. The commissioner\nshall provide written notice to the employer in the order to comply of\nthis additional damage.\n 2. An order issued under subdivision one of this section shall be\nfinal and not subject to review by any court or agency unless review is\nhad pursuant to section one hundred one of this chapter.\n 3. (a) Provided that no proceeding for administrative or judicial\nreview as provided in this chapter shall then be pending and the time\nfor initiation of such proceeding shall have expired, the commissioner\nmay file with the county clerk of the county where the employer resides\nor has a place of business the order of the commissioner or the decision\nof the industrial board of appeals containing the amount found to be\ndue, including, at the commissioner's discretion, an additional fifteen\npercent damages upon any outstanding monies owed. Notwithstanding any\nprovision to the contrary, in execution of any order or decision filed\nby the commissioner pursuant to this section, the commissioner shall\nhave all the powers conferred upon sheriffs by article twenty-five of\nthe civil practice law and rules, but the commissioner shall be entitled\nto no fee or compensation in excess of the actual expenses paid in the\nperformance of such duty. Additionally, at the request of an employee,\nthe commissioner shall assign, without consideration or liability, that\nportion of the filed order that constitutes wages, wage supplements,\ninterest on wages or wage supplements, or liquidated damages due the\nemployee, to that employee and may file an assignment or order in that\namount in the name of such employee with the county clerk of the county\nwhere the employer resides or has a place of business. The filing of\nsuch assignment, order or decision shall have the full force and effect\nof a judgment duly docketed in the office of such clerk. The assignment\nmay be enforced by the employee in the same manner, and with like\neffect, as that prescribed by the civil practice law and rules for the\nenforcement of a money judgment.\n (b) In addition and as an alternative to any other remedy provided by\nthis section and provided that no proceeding for administrative or\njudicial review as provided in this chapter shall then be pending and\nthe time for initiation of such proceeding shall have expired, the\ncommissioner may issue a warrant under the official seal of the\ncommissioner, directed to the sheriff of any county, commanding the\nsheriff to levy upon and sell the real and personal property that may be\nfound within the sheriff's county of an employer who has
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.