LBD17901-01-0
A. 11726 2
THE EMPLOYER SHALL PRESERVE AND MAINTAIN FOR SIX YEARS. Such acknowl-
edgement shall INCLUDE AN AFFIRMATION BY THE EMPLOYEE THAT THE EMPLOYEE
ACCURATELY IDENTIFIED HIS OR HER PRIMARY LANGUAGE TO THE EMPLOYER, AND
THAT THE NOTICE PROVIDED BY THE EMPLOYER TO SUCH EMPLOYEE PURSUANT TO
THIS SUBDIVISION WAS IN THE LANGUAGE SO IDENTIFIED OR OTHERWISE COMPLIED
WITH PARAGRAPH (C) OF THIS SUBDIVISION, AND SHALL conform to any ADDI-
TIONAL requirements established by the commissioner with regard to
content and form. For all employees who are [eligible for] NOT EXEMPT
FROM overtime compensation as established in the commissioner's minimum
wage orders or otherwise provided by NEW YORK STATE law or regulation,
the notice must state the regular hourly rate and overtime rate of pay;
(B) THE COMMISSIONER SHALL PREPARE TEMPLATES THAT COMPLY WITH THE
REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION. EACH SUCH TEMPLATE
SHALL BE DUAL-LANGUAGE, INCLUDING ENGLISH AND ONE ADDITIONAL LANGUAGE.
THE COMMISSIONER SHALL DETERMINE, IN HIS OR HER DISCRETION, WHICH
LANGUAGES TO PROVIDE IN ADDITION TO ENGLISH, BASED ON THE SIZE OF THE
NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER FACTOR
THAT THE COMMISSIONER SHALL DEEM RELEVANT. ALL SUCH TEMPLATES SHALL BE
MADE AVAILABLE TO EMPLOYERS IN SUCH MANNER AS DETERMINED BY THE COMMIS-
SIONER;
(C) WHEN AN EMPLOYEE IDENTIFIES AS HIS OR HER PRIMARY LANGUAGE A
LANGUAGE FOR WHICH A TEMPLATE IS NOT AVAILABLE FROM THE COMMISSIONER,
THE EMPLOYER SHALL COMPLY WITH THIS SUBDIVISION BY PROVIDING THAT
EMPLOYEE AN ENGLISH-LANGUAGE NOTICE OR ACKNOWLEDGMENT;
(D) AN EMPLOYER SHALL NOT BE PENALIZED FOR ERRORS OR OMISSIONS IN THE
NON-ENGLISH PORTIONS OF ANY NOTICE PROVIDED BY THE COMMISSIONER;
(E) THE COMMISSIONER SHALL HAVE DISCRETION TO WAIVE OR ALTER REQUIRE-
MENTS OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TEMPORARY HELP FIRMS AS
DEFINED IN SECTION NINE HUNDRED SIXTEEN OF THIS CHAPTER.
2. notify his OR HER employees IN WRITING of any changes TO THE INFOR-
MATION SET FORTH in [the pay] SUBDIVISION ONE OF THIS SECTION, AT LEAST
SEVEN CALENDAR days prior to the time of such changes, UNLESS SUCH
CHANGES ARE REFLECTED ON THE WAGE STATEMENT FURNISHED IN ACCORDANCE WITH
SUBDIVISION THREE OF THIS SECTION;
3. furnish each employee with a statement with every payment of wages,
listing THE FOLLOWING: THE DATES OF WORK COVERED BY THAT PAYMENT OF
WAGES; NAME OF EMPLOYEE; NAME OF EMPLOYER; ADDRESS AND PHONE NUMBER OF
EMPLOYER; RATE OR RATES OF PAY AND BASIS THEREOF, WHETHER PAID BY THE
HOUR, SHIFT, DAY, WEEK, SALARY, PIECE, COMMISSION, OR OTHER; gross
wages[,]; deductions; ALLOWANCES, IF ANY, CLAIMED AS PART OF THE MINIMUM
WAGE; and net wages[, and upon]. FOR ALL EMPLOYEES WHO ARE NOT EXEMPT
FROM OVERTIME COMPENSATION AS ESTABLISHED IN THE COMMISSIONER'S MINIMUM
WAGE ORDERS OR OTHERWISE PROVIDED BY NEW YORK STATE LAW OR REGULATION,
THE STATEMENT SHALL INCLUDE THE REGULAR HOURLY RATE OR RATES OF PAY; THE
OVERTIME RATE OR RATES OF PAY; THE NUMBER OF REGULAR HOURS WORKED, AND
THE NUMBER OF OVERTIME HOURS WORKED. FOR ALL EMPLOYEES PAID A PIECE
RATE, THE STATEMENT SHALL INCLUDE THE APPLICABLE PIECE RATE OR RATES OF
PAY AND NUMBER OF PIECES COMPLETED AT EACH PIECE RATE. UPON the request
of an employee, AN EMPLOYER SHALL furnish an explanation IN WRITING of
how such wages were computed;
4. establish, maintain and preserve for not less than [three] SIX
years CONTEMPORANEOUS, TRUE, AND ACCURATE payroll records showing FOR
EACH WEEK WORKED the hours worked[,]; THE RATE OR RATES OF PAY AND BASIS
THEREOF, WHETHER PAID BY THE HOUR, SHIFT, DAY, WEEK, SALARY, PIECE,
COMMISSION, OR OTHER; gross wages[,]; deductions; ALLOWANCES, IF ANY,
CLAIMED AS PART OF THE MINIMUM WAGE; and net wages for each employee.
A. 11726 3
FOR ALL EMPLOYEES WHO ARE NOT EXEMPT FROM OVERTIME COMPENSATION AS
ESTABLISHED IN THE COMMISSIONER'S MINIMUM WAGE ORDERS OR OTHERWISE
PROVIDED BY NEW YORK STATE LAW OR REGULATION, THE PAYROLL RECORDS SHALL
INCLUDE THE REGULAR HOURLY RATE OR RATES OF PAY, THE OVERTIME RATE OR
RATES OF PAY, THE NUMBER OF REGULAR HOURS WORKED, AND THE NUMBER OF
OVERTIME HOURS WORKED. FOR ALL EMPLOYEES PAID A PIECE RATE, THE PAYROLL
RECORDS SHALL INCLUDE THE APPLICABLE PIECE RATE OR RATES OF PAY AND
NUMBER OF PIECES COMPLETED AT EACH PIECE RATE;
S 4. Section 196 of the labor law, as added by chapter 548 of the laws
of 1966, paragraph b of subdivision 1 as amended by chapter 328 of the
laws of 1972 and paragraph e of subdivision 1 as added by chapter 336 of
the laws of 1985, is amended to read as follows:
S 196. Powers of commissioner. 1. In addition to the powers of the
commissioner specified in other sections of this chapter, the commis-
sioner shall have the following duties, powers and authority:
a. He OR SHE shall investigate and attempt to adjust equitably contro-
versies between employers and employees relating to THIS ARTICLE, OR
ARTICLE FIVE, SEVEN, NINETEEN OR NINETEEN-A OF this [article] CHAPTER.
b. He OR SHE may take assignments of claims for wages [as defined in]
UNDER this [article] CHAPTER from employees or third parties in trust
for such employees or for the benefit of various funds for such employ-
ees. All such assignments shall run to the commissioner and his OR HER
successor in office. The commissioner may sue employers on wage claims
thus assigned, with the benefits and subject to the provisions of exist-
ing law applying to actions by employees for collection of wages. He OR
SHE may join in a single action any number of wage claims against the
same employer.
c. He OR SHE may institute proceedings on account of any criminal
violation of any provision of THIS ARTICLE, OR ARTICLE FIVE, SEVEN,
NINETEEN OR NINETEEN-A OF this [article] CHAPTER.
d. If it shall appear to him OR HER that any employer has been
convicted of a violation of any provision of this article OR ARTICLE
NINETEEN OR NINETEEN-A OF THIS CHAPTER or that any [judgement] ORDER TO
COMPLY ISSUED against an employer [for non-payment of wages] UNDER THIS
CHAPTER remains unsatisfied for a period of ten days after the time to
appeal therefrom has expired, and that no appeal therefrom is then pend-
ing, the commissioner may require such employer to deposit with him OR
HER a bond in such sum as he OR SHE may deem sufficient and adequate in
the circumstances, together with two or more sureties or a duly author-
ized surety company, to be approved by the commissioner. The bond shall
be payable to the commissioner and shall be conditioned that the employ-
er will, for a definite future period, not exceeding two years, pay his
OR HER employees in accordance with the provisions of this article OR
ARTICLE NINETEEN OR NINETEEN-A OF THIS CHAPTER, and shall be further
conditioned upon the payment by the employer of any AMOUNTS DUE PURSUANT
TO AN ORDER TO COMPLY OR judgment [which may be recovered] against such
employer pursuant to the provisions of this article OR ARTICLE NINETEEN
OR NINETEEN-A OF THIS CHAPTER.
If within ten days after demand for such bond, which demand may be
made by certified or registered mail, such employer shall fail to depos-
it the same, the commissioner may bring an action in the name and on
behalf of the people of the state of New York against such employer in
the supreme court to compel such employer to furnish such a bond or to
cease doing business until he OR SHE has done so. The employer shall
have the burden of proving that either such a bond is unnecessary or
that the amount demanded is excessive. If the court finds that there is
A. 11726 4
just cause for requiring the bond and that same is reasonably necessary
or proper to secure prompt payment of the wages of the employees of such
employer and his OR HER compliance with the provisions of this article
OR ARTICLE NINETEEN OR NINETEEN-A OF THIS CHAPTER, the court may enjoin
such employer and such other person or persons as may have been or may
be concerned with or in any way participating in the failure to pay the
wages resulting in the conviction [or in the judgment] OR ORDER TO
COMPLY as aforesaid, from doing business until the requirement is met
and make other and further orders appropriate to compel compliance with
the requirement.
IF ANY ORDER TO COMPLY ISSUED AGAINST AN EMPLOYER UNDER THIS ARTICLE
OR ARTICLE NINETEEN OR NINETEEN-A OF THIS CHAPTER REMAINS UNSATISFIED
FOR A PERIOD OF TEN DAYS AFTER THE TIME TO APPEAL THEREFROM HAS EXPIRED,
AND THAT NO APPEAL THEREFROM IS THEN PENDING, THE COMMISSIONER MAY
REQUIRE THE EMPLOYER TO PROVIDE AN ACCOUNTING OF ASSETS OF THE EMPLOYER,
INCLUDING BUT NOT LIMITED TO, A LIST OF ALL BANK ACCOUNTS, ACCOUNTS
RECEIVABLE, PERSONAL PROPERTY, REAL PROPERTY, AUTOMOBILES OR OTHER VEHI-
CLES, AND ANY OTHER ASSETS, IN A FORM AND MANNER AS PRESCRIBED BY THE
COMMISSIONER. AN EMPLOYER SHALL PROVIDE SUCH AMENDED ACCOUNTINGS OF
ASSETS AS THE COMMISSIONER SHALL ORDER. IF WITHIN TEN DAYS AFTER DEMAND
FOR SUCH AN ACCOUNTING OF ASSETS, WHICH DEMAND MAY BE MADE BY CERTIFIED
OR REGISTERED MAIL, SUCH EMPLOYER SHALL FAIL TO PROVIDE SAME, OR IF THE
EMPLOYER FAILS TO PROVIDE AN AMENDED ACCOUNTING AS REQUIRED UNDER THIS
SECTION, THE COMMISSIONER MAY BRING AN ACTION IN THE NAME AND ON BEHALF
OF THE PEOPLE OF THE STATE OF NEW YORK AGAINST SUCH EMPLOYER IN THE
SUPREME COURT TO COMPEL SUCH EMPLOYER TO FURNISH THE ACCOUNTING AND PAY
A CIVIL PENALTY OF NO MORE THAN TEN THOUSAND DOLLARS.
e. He OR SHE is hereby authorized and empowered to enter into recipro-
cal agreements with the labor department or corresponding agency of any
other state or with the person, board, officer, or commission authorized
to act on behalf of such department or agency, for the collection in
such other states of claims and judgments for wages based upon claims
assigned to the commissioner.
The commissioner may, to the extent provided for by any reciprocal
agreement entered into by law or with any agency of another state as
herein provided, maintain actions in the courts of such other state for
the collection of claims and judgments for wages and may assign such
claims and judgments to the labor department or agency of such other
state for collection to the extent that such an assignment may be
permitted or provided for by the law of such state or by reciprocal
agreement.
The commissioner may, upon the written consent of the labor department
or other corresponding agency of any other state or of any person,
board, officer or commission of such state authorized to act on behalf
of such labor department or corresponding agency, maintain actions in
the courts of this state upon assigned claims and judgments for wages
arising in such other state in the same manner and to the same extent
that such actions by the commissioner are authorized when arising in
this state. However, such actions may be maintained only in cases where
such other state by law or reciprocal agreement extends a like comity to
cases arising in this state.
2. Nothing in this section shall be construed as requiring the commis-
sioner in every instance to investigate and attempt to adjust controver-
sies, or to take assignments of wage claims, or to institute criminal
prosecutions for any violation under this article OR ARTICLE FIVE,
A. 11726 5
SEVEN, NINETEEN OR NINETEEN-A OF THIS CHAPTER, but he OR SHE shall be
deemed vested with discretion in such matters.
S 5. Section 196-a of the labor law, as amended by chapter 417 of the
laws of 2009, is amended to read as follows:
S 196-a. Complaints by employees to commissioner. (a) Any employee[,];
PERSON OR ORGANIZATION ACTING ON THE EMPLOYEE'S BEHALF; or the recog-
nized and certified collective bargaining agent acting on the employee's
behalf, may file with the commissioner a complaint regarding a violation
of this article, article FIVE, SEVEN, nineteen, or [article] nineteen-A
of this chapter for an investigation of such complaint and statement
setting the appropriate remedy, if any. THE COMMISSIONER SHALL KEEP THE
NAMES OF EMPLOYEES THAT ARE THE SUBJECT OF AN INVESTIGATION CONFIDENTIAL
UNTIL SUCH TIME THAT DISCLOSURE IS NECESSARY FOR RESOLUTION OF AN INVES-
TIGATION OR A COMPLAINT. Failure of an employer to keep adequate records
OR PROVIDE STATEMENTS OF WAGES TO EMPLOYEES AS REQUIRED UNDER THIS CHAP-
TER, in addition to exposing such employer to penalties authorized under
subdivision one of section two hundred eighteen of this chapter, shall
not operate as a bar to filing of a complaint by an employee. In such a
case the employer in violation shall bear the burden of proving that the
complaining employee was paid wages, benefits and wage supplements.
(b) Any employee, or the recognized and certified collective bargain-
ing agent acting on the employee's behalf, contractor, or the recognized
and certified labor organization with which the contractor has executed
a collective bargaining agreement covering wages, benefits and supple-
ments, may file with the commissioner a complaint regarding an alleged
violation of this article or article nineteen of this chapter occasioned
by another person, corporation, employer or entities in violation of
article thirty-five-E of the general business law for an investigation
of such complaint and statement setting the appropriate remedy, if any.
S 6. Section 197 of the labor law, as amended by chapter 427 of the
laws of 2002, is amended to read as follows:
S 197. Civil penalty. Any employer who fails to pay the wages of his
employees or shall differentiate in rate of pay because of sex, as
provided in this article, shall forfeit to the people of the state the
sum of five hundred dollars for each such failure, to be recovered by
the commissioner in ANY LEGAL ACTION NECESSARY, INCLUDING ADMINISTRATIVE
ACTION OR a civil action.
S 7. Section 198 of the labor law, as added by chapter 548 of the laws
of 1966, subdivision 1-a as amended by chapter 372 of the laws of 2009
and subdivision 3 as amended by chapter 605 of the laws of 1997, is
amended to read as follows:
S 198. Costs, remedies. 1. In any action instituted upon a wage claim
by an employee or the commissioner in which the employee prevails, the
court may allow such employee in addition to ordinary costs, a reason-
able sum, not exceeding fifty dollars for expenses which may be taxed as
costs. No assignee of a wage claim, except the commissioner, shall be
benefited by this provision.
1-a. On behalf of any employee paid less than the wage to which he or
she is entitled under the provisions of this article, the commissioner
may bring any legal action necessary, including administrative action,
to collect such claim and as part of such legal action, in addition to
any other remedies and penalties otherwise available under this article,
the commissioner [may] SHALL assess against the employer THE FULL AMOUNT
OF ANY SUCH UNDERPAYMENT, AND an additional amount as liquidated damages
[equal to twenty-five percent of the total amount of wages found to be
due], unless the employer proves a good faith basis for believing that
A. 11726 6
its underpayment of wages was in compliance with the law. LIQUIDATED
DAMAGES SHALL BE CALCULATED BY THE COMMISSIONER AS NO MORE THAN ONE
HUNDRED PERCENT OF THE TOTAL AMOUNT OF WAGES FOUND TO BE DUE. In any
action instituted in the courts upon a wage claim by an employee or the
commissioner in which the employee prevails, the court shall allow such
employee TO RECOVER THE FULL AMOUNT OF ANY UNDERPAYMENT, ALL reasonable
attorney's fees, PREJUDGMENT INTEREST AS REQUIRED UNDER THE CIVIL PRAC-
TICE LAW AND RULES, and, unless the employer proves a good faith basis
to believe that its underpayment of wages was in compliance with the
law, an additional amount as liquidated damages equal to [twenty-five]
ONE HUNDRED percent of the total amount of the wages found to be due.
1-B. IF ANY EMPLOYEE IS NOT PROVIDED WITHIN TEN BUSINESS DAYS OF HIS
OR HER FIRST DAY OF EMPLOYMENT A NOTICE AS REQUIRED BY SUBDIVISION ONE
OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE, HE OR SHE MAY
RECOVER IN A CIVIL ACTION DAMAGES OF FIFTY DOLLARS FOR EACH WORK WEEK
THAT THE VIOLATIONS OCCURRED OR CONTINUE TO OCCUR, BUT NOT TO EXCEED A
TOTAL OF TWO THOUSAND FIVE HUNDRED DOLLARS, TOGETHER WITH COSTS AND
REASONABLE ATTORNEY'S FEES. THE COURT MAY ALSO AWARD OTHER RELIEF,
INCLUDING INJUNCTIVE AND DECLARATORY RELIEF, THAT THE COURT IN ITS
DISCRETION DEEMS NECESSARY OR APPROPRIATE.
ON BEHALF OF ANY EMPLOYEE NOT PROVIDED A NOTICE AS REQUIRED BY SUBDI-
VISION ONE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE
COMMISSIONER MAY BRING ANY LEGAL ACTION NECESSARY, INCLUDING ADMINISTRA-
TIVE ACTION, TO COLLECT SUCH CLAIM, AND AS PART OF SUCH LEGAL ACTION, IN
ADDITION TO ANY OTHER REMEDIES AND PENALTIES OTHERWISE AVAILABLE UNDER
THIS ARTICLE, THE COMMISSIONER MAY ASSESS AGAINST THE EMPLOYER DAMAGES
OF FIFTY DOLLARS FOR EACH WORK WEEK THAT THE VIOLATIONS OCCURRED OR
CONTINUE TO OCCUR. IN ANY ACTION OR ADMINISTRATIVE PROCEEDING TO RECOVER
DAMAGES FOR VIOLATION OF PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION ONE
HUNDRED NINETY-FIVE OF THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE
THAT (I) THE EMPLOYER MADE COMPLETE AND TIMELY PAYMENT OF ALL WAGES DUE
PURSUANT TO THIS ARTICLE OR ARTICLE NINETEEN OR ARTICLE NINETEEN-A OF
THIS CHAPTER TO THE EMPLOYEE WHO WAS NOT PROVIDED NOTICE AS REQUIRED BY
SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE OR
(II) THE EMPLOYER REASONABLY BELIEVED IN GOOD FAITH THAT IT WAS NOT
REQUIRED TO PROVIDE THE EMPLOYEE WITH NOTICE PURSUANT TO SUBDIVISION ONE
OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE.
1-D. IF ANY EMPLOYEE IS NOT PROVIDED A STATEMENT OR STATEMENTS AS
REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS
ARTICLE, HE OR SHE SHALL RECOVER IN A CIVIL ACTION DAMAGES OF ONE
HUNDRED DOLLARS FOR EACH WORK WEEK THAT THE VIOLATIONS OCCURRED OR
CONTINUE TO OCCUR, BUT NOT TO EXCEED A TOTAL OF TWENTY-FIVE HUNDRED
DOLLARS, TOGETHER WITH COSTS AND REASONABLE ATTORNEY'S FEES. THE COURT
MAY ALSO AWARD OTHER RELIEF, INCLUDING INJUNCTIVE AND DECLARATORY
RELIEF, THAT THE COURT IN ITS DISCRETION DEEMS NECESSARY OR APPROPRIATE.
ON BEHALF OF ANY EMPLOYEE NOT PROVIDED A STATEMENT AS REQUIRED BY
SUBDIVISION THREE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE,
THE COMMISSIONER MAY BRING ANY LEGAL ACTION NECESSARY, INCLUDING ADMIN-
ISTRATIVE ACTION, TO COLLECT SUCH CLAIM, AND AS PART OF SUCH LEGAL
ACTION, IN ADDITION TO ANY OTHER REMEDIES AND PENALTIES OTHERWISE AVAIL-
ABLE UNDER THIS ARTICLE, THE COMMISSIONER MAY ASSESS AGAINST THE EMPLOY-
ER DAMAGES OF ONE HUNDRED DOLLARS FOR EACH WORK WEEK THAT THE VIOLATIONS
OCCURRED OR CONTINUE TO OCCUR. IN ANY ACTION OR ADMINISTRATIVE PROCEED-
ING TO RECOVER DAMAGES FOR VIOLATION OF SUBDIVISION THREE OF SECTION ONE
HUNDRED NINETY-FIVE OF THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE
THAT (I) THE EMPLOYER MADE COMPLETE AND TIMELY PAYMENT OF ALL WAGES DUE
A. 11726 7
PURSUANT TO THIS ARTICLE OR ARTICLES NINETEEN OR NINETEEN-A OF THIS
CHAPTER TO THE EMPLOYEE WHO WAS NOT PROVIDED STATEMENTS AS REQUIRED BY
SUBDIVISION THREE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE OR
(II) THE EMPLOYER REASONABLY BELIEVED IN GOOD FAITH THAT IT WAS NOT
REQUIRED TO PROVIDE THE EMPLOYEE WITH STATEMENTS PURSUANT TO PARAGRAPH
(E) OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTI-
CLE.
2. The remedies provided by this article may be enforced simultane-
ously or consecutively so far as not inconsistent with each other.
3. Notwithstanding any other provision of law, an action to recover
upon a liability imposed by this article must be commenced within six
years. THE STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE DATE AN
EMPLOYEE FILES A COMPLAINT WITH THE COMMISSIONER OR THE COMMISSIONER
COMMENCES AN INVESTIGATION, WHICHEVER IS EARLIER, UNTIL AN ORDER TO
COMPLY ISSUED BY THE COMMISSIONER BECOMES FINAL, OR WHERE THE COMMIS-
SIONER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH THE COMMISSIONER
NOTIFIES THE COMPLAINANT THAT THE INVESTIGATION HAS CONCLUDED. INVESTI-
GATION BY THE COMMISSIONER SHALL NOT BE A PREREQUISITE TO NOR A BAR
AGAINST A PERSON BRINGING A CIVIL ACTION UNDER THIS SECTION. All employ-
ees shall have the right to recover full wages, benefits and wage
supplements AND LIQUIDATED DAMAGES accrued during the six years previous
to the commencing of such action, whether such action is instituted by
the employee or by the commissioner.
4. IN ANY CIVIL ACTION BY AN EMPLOYEE OR BY THE COMMISSIONER, THE
EMPLOYEE OR COMMISSIONER SHALL HAVE THE RIGHT TO COLLECT ATTORNEY'S FEES
AND COSTS INCURRED IN ENFORCING ANY COURT JUDGMENT. ANY JUDGMENT OR
COURT ORDER AWARDING REMEDIES UNDER THIS SECTION SHALL PROVIDE THAT IF
ANY AMOUNTS REMAIN UNPAID UPON THE EXPIRATION OF NINETY DAYS FOLLOWING
ISSUANCE OF JUDGMENT, OR NINETY DAYS AFTER EXPIRATION OF THE TIME TO
APPEAL AND NO APPEAL IS THEN PENDING, WHICHEVER IS LATER, THE TOTAL
AMOUNT OF JUDGMENT SHALL AUTOMATICALLY INCREASE BY FIFTEEN PERCENT.
S 8. Section 198-a of the labor law, as amended by chapter 241 of the
laws of 2002, is amended to read as follows:
S 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, PARTNER-
SHIP, 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 rail-
road 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 require-
ments 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, PARTNER-
A. 11726 8
SHIP, OR LIMITED LIABILITY COMPANY to violate or fail to comply there-
with, 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, PARTNER-
SHIP, 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.
S 9. Section 199-a of the labor law, as added by chapter 605 of the
laws of 1997, is amended to read as follows:
S 199-a. Notification of process. 1. Each employee who files a
complaint regarding a violation of a provision of THIS article [six]
(payment of wages), article nineteen (minimum wage act), or article
nineteen-A (MINIMUM WAGE STANDARDS AND PROTECTIVE LABOR PRACTICES FOR
FARM WORKERS), SECTION ONE HUNDRED SIXTY-ONE, SECTION ONE HUNDRED
SIXTY-TWO, section two hundred twelve-a [or], section two hundred
twelve-b, OR SECTION TWO HUNDRED FIFTEEN of this chapter, or a rule or
regulation promulgated thereunder, shall be provided with a written
description of the anticipated processing of the complaint, including
investigation, case conference, potential civil and criminal penalties,
and collection procedures.
2. Each employee and his or her AUTHORIZED representative shall be
notified in writing of any case conference before it is held and given
the opportunity to attend.
3. Each employee and his or her AUTHORIZED representative shall be
notified in writing of any award and collection of back wages and civil
penalties, and of any intent to seek criminal penalties. In the event
that criminal penalties are sought the employee and his or her AUTHOR-
IZED representative shall be notified of the outcome of prosecution.
S 10. Section 215 of the labor law, as amended by chapter 744 of the
laws of 1986, subdivision 1 as amended by chapter 372 of the laws of
2009, is amended to read as follows:
S 215. Penalties and civil action; [employer who penalizes employees
because of complaints of employer violations] PROHIBITED RETALIATION. 1.
(a) No employer or his or her agent, or the officer or agent of any
corporation, partnership, or limited liability company, OR ANY OTHER
PERSON, shall discharge, THREATEN, penalize, or in any other manner
discriminate or retaliate against any employee (i) because such employee
has made a complaint to his or her employer, or to the commissioner or
his or her authorized representative, OR TO THE ATTORNEY GENERAL OR ANY
OTHER PERSON, that the employer has [violated any provision of] ENGAGED
IN CONDUCT THAT THE EMPLOYEE, REASONABLY AND IN GOOD FAITH, BELIEVES
VIOLATES ANY PROVISION OF this chapter, or ANY ORDER ISSUED BY THE
COMMISSIONER (ii) BECAUSE SUCH EMPLOYER OR PERSON BELIEVES THAT SUCH
EMPLOYEE HAS MADE A COMPLAINT TO HIS OR HER EMPLOYER, OR TO THE COMMIS-
A. 11726 9
SIONER OR HIS OR HER AUTHORIZED REPRESENTATIVE, OR TO THE ATTORNEY
GENERAL, OR TO ANY OTHER PERSON THAT THE EMPLOYER HAS VIOLATED ANY
PROVISION OF THIS CHAPTER, OR ANY ORDER ISSUED BY THE COMMISSIONER (III)
because such employee has caused to be instituted OR IS ABOUT TO INSTI-
TUTE a proceeding under or related to this chapter, or [(iii)] (IV)
because such employee has provided information to the commissioner or
his or her authorized representative OR THE ATTORNEY GENERAL, or [(iv)]
(V) because such employee has testified or is about to testify in an
investigation or proceeding under this chapter, or [(v)] (VI) because
such employee has otherwise exercised rights protected under this chap-
ter, or [(vi)] (VII) because the employer has received an adverse deter-
mination from the commissioner involving the employee.
AN EMPLOYEE COMPLAINT OR OTHER COMMUNICATION NEED NOT MAKE EXPLICIT
REFERENCE TO ANY SECTION OR PROVISION OF THIS CHAPTER TO TRIGGER THE
PROTECTIONS OF THIS SECTION.
(b) If after investigation the commissioner finds that an employer OR
PERSON has violated any provision of this section, the commissioner may,
by an order which shall describe particularly the nature of the
violation, assess the employer OR PERSON a civil penalty of not less
than one thousand nor more than ten thousand dollars[, and]. THE COMMIS-
SIONER MAY ALSO order [the employer to pay lost compensation] ALL APPRO-
PRIATE RELIEF INCLUDING ENJOINING THE CONDUCT OF ANY PERSON OR EMPLOYER;
ORDERING PAYMENT OF LIQUIDATED DAMAGES to the employee BY THE PERSON OR
ENTITY IN VIOLATION; AND, WHERE THE PERSON OR ENTITY IN VIOLATION IS AN
EMPLOYER ORDERING REHIRING OR REINSTATEMENT OF THE EMPLOYEE TO HIS OR
HER FORMER POSITION OR AN EQUIVALENT POSITION, AND AN AWARD OF LOST
COMPENSATION OR AN AWARD OF FRONT PAY IN LIEU OF REINSTATEMENT AND AN
AWARD OF LOST COMPENSATION. LIQUIDATED DAMAGES SHALL BE CALCULATED AS
AN AMOUNT NOT MORE THAN TEN THOUSAND DOLLARS. THE COMMISSIONER MAY
ASSESS LIQUIDATED DAMAGES ON BEHALF OF EVERY EMPLOYEE AGGRIEVED UNDER
THIS SECTION, IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS
SECTION.
(c) [Notwithstanding the provisions of section two hundred thirteen of
this article, the penalties set forth in this section shall be the
exclusive remedies available for violations of this section.
(d)] This section shall not apply to employees of the state or any
municipal subdivisions or departments thereof.
2. (A) An employee may bring a civil action in a court of competent
jurisdiction against any employer or persons alleged to have violated
the provisions of this section. The court shall have jurisdiction to
restrain violations of this section, within two years after such
violation, REGARDLESS OF THE DATES OF EMPLOYMENT OF THE EMPLOYEE, and to
order all appropriate relief, including ENJOINING THE CONDUCT OF ANY
PERSON OR EMPLOYER; ORDERING PAYMENT OF LIQUIDATED DAMAGES, COSTS AND
REASONABLE ATTORNEYS' FEES TO THE EMPLOYEE BY THE PERSON OR ENTITY IN
VIOLATION; AND, WHERE THE PERSON OR ENTITY IN VIOLATION IS AN EMPLOYER,
ORDERING rehiring or reinstatement of the employee to his OR HER former
position with restoration of seniority OR AN AWARD OF FRONT PAY IN LIEU
OF REINSTATEMENT, [payment] AND AN AWARD of lost compensation[,] AND
damages, COSTS and reasonable attorneys' fees. LIQUIDATED DAMAGES SHALL
BE CALCULATED AS AN AMOUNT NOT MORE THAN TEN THOUSAND DOLLARS. THE
COURT SHALL AWARD LIQUIDATED DAMAGES TO EVERY EMPLOYEE AGGRIEVED UNDER
THIS SECTION, IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS
SECTION. THE STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE DATE AN
EMPLOYEE FILES A COMPLAINT WITH THE COMMISSIONER OR THE COMMISSIONER
COMMENCES AN INVESTIGATION, WHICHEVER IS EARLIER, UNTIL AN ORDER TO
A. 11726 10
COMPLY ISSUED BY THE COMMISSIONER BECOMES FINAL, OR WHERE THE COMMIS-
SIONER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH THE COMMISSIONER
NOTIFIES THE COMPLAINANT THAT THE INVESTIGATION HAS CONCLUDED. INVESTI-
GATION BY THE COMMISSIONER SHALL NOT BE A PREREQUISITE TO NOR A BAR
AGAINST A PERSON BRINGING A CIVIL ACTION UNDER THIS SECTION.
(B) At or before the commencement of any action under this section,
notice thereof shall be served upon the attorney general by the employ-
ee.
3. ANY EMPLOYER OR HIS OR HER AGENT, OR THE OFFICER OR AGENT OF ANY
CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, OR ANY OTHER
PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A
CLASS B MISDEMEANOR.
S 11. Subdivisions 1 and 3 of section 218 of the labor law, subdivi-
sion 1 as amended by chapter 190 of the laws of 1990, the opening para-
graph of subdivision 1 as amended by chapter 304 of the laws of 2007 and
subdivision 3 as added by chapter 697 of the laws of 1980, are amended
to read as follows:
1. If the commissioner determines that an employer has violated a
provision of article six (payment of wages), article nineteen (minimum
wage act), article nineteen-A (MINIMUM WAGE STANDARDS AND PROTECTIVE
LABOR PRACTICES FOR FARM WORKERS), section two hundred twelve-a, section
two hundred twelve-b, section one hundred sixty-one (day of rest) or
section one hundred sixty-two (meal periods) of this chapter, or a rule
or regulation promulgated thereunder, the commissioner shall issue to
the employer an order directing compliance therewith, which shall
describe particularly the nature of the alleged violation. A COPY OF
SUCH ORDER SHALL BE PROVIDED TO ANY EMPLOYEE WHO HAS FILED A COMPLAINT
AND ANY AUTHORIZED REPRESENTATIVE OF HIM OR HER. In addition to direct-
ing payment of wages, benefits or wage supplements found to be due, AND
LIQUIDATED DAMAGES IN THE AMOUNT OF ONE HUNDRED PERCENT OF UNPAID WAGES,
such order, if issued to an employer who previously has been found in
violation of those provisions, rules or regulations, or to an employer
whose violation is willful or egregious, shall direct payment to the
commissioner of an additional sum as a civil penalty in an amount [equal
to] NOT TO EXCEED double the total amount OF WAGES, BENEFITS, OR WAGE
SUPPLEMENTS found to be due. In no case shall the order direct payment
of an amount less than the total wages, benefits or wage supplements
found by the commissioner to be due, plus the LIQUIDATED DAMAGES IN THE
AMOUNT OF ONE HUNDRED PERCENT OF UNPAID WAGES, THE appropriate civil
penalty, AND INTEREST AT THE RATE OF INTEREST THEN IN EFFECT, AS
PRESCRIBED BY THE SUPERINTENDENT OF BANKS PURSUANT TO SECTION FOURTEEN-A
OF THE BANKING LAW PER ANNUM FROM THE DATE OF THE UNDERPAYMENT TO THE
DATE OF THE PAYMENT. Where the violation is for a reason other than the
employer's failure to pay wages, benefits or wage supplements found to
be due, the order shall direct payment to the commissioner of a civil
penalty in an amount not to exceed one thousand dollars for a first
violation, two thousand dollars for a second violation or three thousand
dollars for a third or subsequent violation. In assessing the amount of
the penalty, the commissioner shall give due consideration to the size
of the employer's business, the good faith BASIS of the employer TO
BELIEVE THAT ITS CONDUCT WAS IN COMPLIANCE WITH THE LAW, the gravity of
the violation, the history of previous violations and, in the case of
wages, benefits or supplements violations, the failure to comply with
recordkeeping or other non-wage requirements.
Where there is a violation of section one hundred ninety-eight-b of
this chapter, the order shall direct payment back to the employee of the
A. 11726 11
amount of wages, supplements or other thing of value unlawfully received
plus LIQUIDATED DAMAGES IN THE AMOUNT OF ONE HUNDRED PERCENT OF UNPAID
WAGES, AND interest at the rate of interest then in effect, as
prescribed by the superintendent of banks pursuant to section fourteen-a
of the banking law per annum from the date of the payback, return,
donation or contribution to the date of payment, and shall include such
other relief as may be appropriate, including rehiring or reinstatement
of the employee to his or her former position, back wages, and restora-
tion of seniority. In addition, the commissioner shall order payment of
a civil penalty of at least twenty-five hundred dollars but not more
than five thousand dollars per violation. In assessing the amount of the
penalty, the commissioner shall give due consideration to the size of
the employer's business, the good faith BASIS of the employer TO BELIEVE
THAT ITS CONDUCT WAS IN COMPLIANCE WITH THE LAW, the gravity of the
violation, the history of previous violations.
AT THE DISCRETION OF THE COMMISSIONER, THE COMMISSIONER SHALL HAVE
FULL AUTHORITY TO PROVIDE FOR INCLUSION OF AN AUTOMATIC FIFTEEN PERCENT
ADDITIONAL AMOUNT OF DAMAGES TO COME DUE AND OWING UPON EXPIRATION OF
NINETY DAYS FROM AN ORDER TO COMPLY BECOMING FINAL. THE COMMISSIONER
SHALL PROVIDE WRITTEN NOTICE TO THE EMPLOYER IN THE ORDER TO COMPLY OF
THIS ADDITIONAL DAMAGE.
3. Provided that no proceeding for administrative or judicial review
as provided in this chapter shall then be pending and the time for
initiation of such proceeding shall have expired, the commissioner may
file with the county clerk of the county where the employer resides or
has a place of business the order of the commissioner, or the decision
of the industrial board of appeals containing the amount found to be due
including the civil penalty, if any, AND AT THE COMMISSIONER'S
DISCRETION, AN ADDITIONAL FIFTEEN PERCENT DAMAGES UPON ANY OUTSTANDING
MONIES OWED. AT THE REQUEST OF AN EMPLOYEE, AND AT THE DISCRETION OF THE
COMMISSIONER, THE COMMISSIONER MAY ASSIGN THAT PORTION OF THE MONEY DUE
THAT CONSTITUTES WAGES, WAGE SUPPLEMENTS, INTEREST ON WAGES OR WAGE
SUPPLEMENTS, OR LIQUIDATED DAMAGES DUE THAT EMPLOYEE, TO THAT EMPLOYEE
AND FILE AN ORDER IN THAT AMOUNT IN THE NAME OF THAT EMPLOYEE WITH THE
COUNTY CLERK OF THE COUNTY WHERE THE EMPLOYER RESIDES OR HAS A PLACE OF
BUSINESS. The filing of such order or decision shall have the full
force and effect of a judgment duly docketed in the office of such
clerk. The order or decision may be enforced by and in the name of the
commissioner in the same manner, and with like effect, as that
prescribed by the civil practice law and rules for the enforcement of a
money judgment.
S 12. Section 219 of the labor law, as added by chapter 697 of the
laws of 1980 and subdivision 1 as amended by chapter 417 of the laws of
1987, is amended to read as follows:
S 219. Violations of certain wage payment provisions; interest, filing
of order as judgment. 1. If the commissioner determines that an employ-
er has failed to pay wages, benefits or wage supplements required pursu-
ant to article six (payment of wages), article nineteen (minimum wage
act) or article [nineteen-a] NINETEEN-A (MINIMUM WAGE STANDARDS AND
PROTECTIVE LABOR PRACTICES FOR FARM WORKERS) of this chapter, or a rule
or regulation promulgated thereunder, the commissioner shall issue to
the employer an order directing compliance therewith, which shall
describe particularly the nature of the alleged violation. A COPY OF
SUCH ORDER SHALL BE PROVIDED TO ANY EMPLOYEE WHO HAS FILED A COMPLAINT
AND TO HIS OR HER AUTHORIZED REPRESENTATIVE. Such order shall direct
payment of wages or supplements found to be due, [including] LIQUIDATED
A. 11726 12
DAMAGES IN THE AMOUNT OF ONE HUNDRED PERCENT OF UNPAID WAGES, AND inter-
est at the rate of interest then in effect as prescribed by the super-
intendent of banks pursuant to section fourteen-a of the banking law per
annum from the date of the underpayment to the date of the payment.
AT THE DISCRETION OF THE COMMISSIONER, THE COMMISSIONER SHALL HAVE
FULL AUTHORITY TO PROVIDE FOR INCLUSION OF AN AUTOMATIC FIFTEEN PERCENT
ADDITIONAL AMOUNT OF DAMAGES TO COME DUE AND OWING UPON EXPIRATION OF
NINETY DAYS FROM AN ORDER TO COMPLY BECOMING FINAL. THE COMMISSIONER
SHALL PROVIDE WRITTEN NOTICE TO THE EMPLOYER IN THE ORDER TO COMPLY OF
THIS ADDITIONAL DAMAGE.
2. An order issued under subdivision one of this section shall be
final and not subject to review by any court or agency unless review is
had pursuant to section one hundred one of this chapter.
3. Provided that no proceeding for administrative or judicial review
as provided in this chapter shall then be pending and the time for
initiation of such proceeding shall have expired, the commissioner may
file with the county clerk of the county where the employer resides or
has a place of business the order of the commissioner or the decision of
the industrial board of appeals containing the amount found to be due,
INCLUDING, AT THE COMMISSIONER'S DISCRETION, AN ADDITIONAL FIFTEEN
PERCENT DAMAGES UPON ANY OUTSTANDING MONIES OWED. AT THE REQUEST OF AN
EMPLOYEE, AND AT THE DISCRETION OF THE COMMISSIONER, THE COMMISSIONER
MAY ASSIGN THAT PORTION OF THE MONEY DUE THAT CONSTITUTES WAGES, WAGE
SUPPLEMENTS, INTEREST ON WAGES OR WAGE SUPPLEMENTS, OR LIQUIDATED
DAMAGES DUE THE EMPLOYEE, TO THAT EMPLOYEE AND FILE AN ORDER IN THAT
AMOUNT IN THE NAME OF SUCH EMPLOYEE WITH THE COUNTY CLERK OF THE COUNTY
WHERE THE EMPLOYER RESIDES OR HAS A PLACE OF BUSINESS. The filing of
such order or decision shall have the full force and effect of a judg-
ment duly docketed in the office of such clerk. The order or decision
may be enforced by and in the name of the commissioner in the same
manner, and with like effect, as that prescribed by the civil practice
law and rules for the enforcement of a money judgment.
S 13. The labor law is amended by adding a new section 219-c to read
as follows:
S 219-C. PUBLIC NOTICE OF EMPLOYER VIOLATIONS. THE COMMISSIONER SHALL
HAVE THE FOLLOWING POWERS:
1. WHERE AN EMPLOYER IS FOUND IN VIOLATION OF ARTICLE SIX, NINETEEN OR
NINETEEN-A OF THIS CHAPTER, TO POST AND/OR AFFIX FOR A PERIOD NOT TO
EXCEED ONE YEAR A NOTICE OF NO LESS THAN EIGHT AND ONE-HALF BY ELEVEN
INCHES IN AN AREA VISIBLE TO EMPLOYEES SUMMARIZING THE VIOLATIONS FOUND
AND OTHER INFORMATION DEEMED PERTINENT BY THE COMMISSIONER, ACCORDING TO
SUCH FORM AND MANNER ORDERED BY THE COMMISSIONER; AND
2. WHERE THE VIOLATION IS FOR A WILLFUL FAILURE TO PAY ALL WAGES AS
REQUIRED BY ARTICLE SIX, NINETEEN, OR NINETEEN-A OF THIS CHAPTER, TO
POST AND/OR AFFIX FOR A PERIOD NOT TO EXCEED NINETY DAYS IN AN AREA
VISIBLE TO THE GENERAL PUBLIC, AS ORDERED BY THE COMMISSIONER, A NOTICE
OF NO LESS THAN EIGHT AND ONE-HALF BY ELEVEN INCHES AS TO THE VIOLATIONS
FOUND, ACCORDING TO SUCH FORM AND MANNER ORDERED BY THE COMMISSIONER.
ANY PERSON OTHER THAN THE COMMISSIONER OR THE COMMISSIONER'S DULY
AUTHORIZED REPRESENTATIVE WHO REMOVES, ALTERS, DEFACES OR OTHERWISE
INTERFERES WITH A NOTICE POSTED AND/OR AFFIXED UNDER THIS SECTION SHALL
BE GUILTY OF A MISDEMEANOR.
S 14. Section 661 of the labor law, as added by chapter 619 of the
laws of 1960, is amended to read as follows:
S 661. Records of employers. [Every] FOR ALL EMPLOYEES COVERED BY
THIS ARTICLE, EVERY employer shall [keep] ESTABLISH, MAINTAIN, AND
A. 11726 13
PRESERVE FOR NOT LESS THAN SIX YEARS CONTEMPORANEOUS, true, and accurate
PAYROLL records [of] SHOWING FOR EACH WEEK WORKED THE hours worked [by
each employee covered by an hourly minimum wage rate], the [wages paid
to all employees, and] RATE OR RATES OF PAY AND BASIS THEREOF, WHETHER
PAID BY THE HOUR, SHIFT, DAY, WEEK, SALARY, PIECE, COMMISSION, OR OTHER
BASIS; GROSS WAGES; DEDUCTIONS; ALLOWANCES, IF ANY, CLAIMED AS PART OF
THE MINIMUM WAGE; AND NET WAGES FOR EACH EMPLOYEE, PLUS such other
information as the commissioner deems material and necessary[, and
shall, on]. FOR ALL EMPLOYEES WHO ARE NOT EXEMPT FROM OVERTIME COMPEN-
SATION AS ESTABLISHED IN THE COMMISSIONER'S MINIMUM WAGE ORDERS OR
OTHERWISE PROVIDED BY NEW YORK STATE LAW OR REGULATION, THE PAYROLL
RECORDS MUST INCLUDE THE REGULAR HOURLY RATE OR RATES OF PAY, THE OVER-
TIME RATE OR RATES OF PAY, THE NUMBER OF REGULAR HOURS WORKED, AND THE
NUMBER OF OVERTIME HOURS WORKED. FOR ALL EMPLOYEES PAID A PIECE RATE,
THE PAYROLL RECORDS SHALL INCLUDE THE APPLICABLE PIECE RATE OR RATES OF
PAY AND NUMBER OF PIECES COMPLETED AT EACH PIECE RATE. ON demand, THE
EMPLOYER SHALL furnish to the commissioner or his duly authorized repre-
sentative a sworn statement of the [same] HOURS WORKED, RATE OR RATES OF
PAY AND BASIS THEREOF, WHETHER PAID BY THE HOUR, SHIFT, DAY, WEEK, SALA-
RY, PIECE, COMMISSION, OR OTHER BASIS; GROSS WAGES; DEDUCTIONS; AND
ALLOWANCES, IF ANY, CLAIMED AS PART OF THE MINIMUM WAGE, FOR EACH
EMPLOYEE, PLUS SUCH OTHER INFORMATION AS THE COMMISSIONER DEEMS MATERIAL
AND NECESSARY. Every employer shall keep such records open to inspection
by the commissioner or his duly authorized representative at any reason-
able time. Every employer of an employee shall keep a digest and summary
of this article or applicable wage order, which shall be prepared by the
commissioner, posted in a conspicuous place in his establishment and
shall also keep posted such additional copies of said digest and summary
as the commissioner prescribes. Employers shall, on request, be
furnished with copies of this article and of orders, and of digests and
summaries thereof, without charge. Employers shall permit the commis-
sioner or his duly authorized representative to question WITHOUT INTER-
FERENCE any employee of such employer in A PRIVATE LOCATION AT the place
of employment and during working hours in respect to the wages paid to
and the hours worked by such employee or other employees.
S 15. Section 662 of the labor law, as amended by chapter 587 of the
laws of 1983 and subdivision 4 as added by chapter 776 of the laws of
1983, is amended to read as follows:
S 662. Penalties. 1. [Discrimination against employee. Any employer
or his agent, or the officer or agent of any corporation, who discharges
or in any other manner discriminates against any employee because such
employee has made a complaint to his employer, or to the commissioner or
his authorized representative, that he has not been paid in accordance
with the provisions of this article, or because such employee has caused
to be instituted a proceeding under or related to this article, or
because such employee has testified or is about to testify in an inves-
tigation or proceeding under this article, shall be guilty of a class B
misdemeanor.
2. Payment of less than minimum wage] FAILURE TO PAY MINIMUM WAGE OR
OVERTIME COMPENSATION. Any employer or his OR HER agent, or the officer
or agent of any corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY,
who pays or agrees to pay to any employee less than the wage applicable
under this article shall be guilty of a [class B] misdemeanor and [each]
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
A. 11726 14
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. EACH payment to any employee in any week of less than the
wage applicable under this article shall constitute a separate offense.
[3.] 2. Failure to keep records. Any employer or his OR HER agent, or
the officer or agent of any corporation, PARTNERSHIP, OR LIMITED LIABIL-
ITY COMPANY, who fails to keep the records required under this article
or to furnish such records or any information required to be furnished
under this article to the commissioner or his OR HER authorized repre-
sentative upon request, or who hinders or delays the commissioner or his
OR HER authorized representative in the performance of his OR HER duties
in the enforcement of this article, or refuses to admit the commissioner
or his OR HER authorized representative to any place of employment, or
falsifies any such records or refuses to make such records accessible to
the commissioner or his OR HER authorized representative, or refuses to
furnish a sworn statement of such records or any other information
required for the proper enforcement of this article to the commissioner
or his OR HER authorized representative, shall be guilty of a [class B]
misdemeanor and [each] 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, 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 IMPRISON-
MENT, FOR EACH SUCH OFFENSE. EACH day's failure to keep the records
requested under this article or to furnish such records or information
to the commissioner or his OR HER authorized representative shall
constitute a separate offense.
[4. Where any person has previously been convicted of a violation of
this section within the preceding five years, upon conviction for a
second or subsequent violation such person may be fined up to ten thou-
sand dollars in addition to any other penalties including fines other-
wise provided by law; provided, however, that the total additional fine
that may be imposed pursuant to this subdivision for separate offenses
committed in any consecutive twelve month period may not exceed ten
thousand dollars.]
S 16. Section 663 of the labor law, as added by chapter 619 of the
laws of 1960, subdivisions 1 and 2 as amended by chapter 372 of the laws
of 2009 and subdivision 3 as added by chapter 497 of the laws of 1966,
is amended to read as follows:
S 663. Civil action. 1. By employee. If any employee is paid by his or
her employer less than the wage to which he or she is entitled under the
provisions of this article, he or she [may] SHALL recover in a civil
action the amount of any such underpayments, together with costs [and
such] ALL reasonable attorney's fees [as may be allowed by the court],
PREJUDGMENT INTEREST AS REQUIRED UNDER THE CIVIL PRACTICE LAW AND RULES,
and unless the employer proves a good faith basis to believe that its
underpayment of wages was in compliance with the law, an additional
amount as liquidated damages equal to [twenty-five] ONE HUNDRED percent
of the total of such underpayments found to be due [the employee and
A. 11726 15
any]. ANY agreement between the employee, and the employer to work for
less than such wage shall be no defense to such action.
2. By commissioner. On behalf of any employee paid less than the wage
to which the employee is entitled under the provisions of this article,
the commissioner may bring any legal action necessary, including admin-
istrative action, to collect such claim, and the employer shall be
required to pay the FULL AMOUNT OF THE UNDERPAYMENT, PLUS costs, and
unless the employer proves a good faith basis to believe that its under-
payment was in compliance with the law, an additional amount as liqui-
dated damages [equal to twenty-five percent of the total of such under-
payments found to be due the employee]. LIQUIDATED DAMAGES SHALL BE
CALCULATED BY THE COMMISSIONER AS NO MORE THAN ONE HUNDRED PERCENT OF
THE TOTAL AMOUNT OF UNDERPAYMENTS FOUND TO BE DUE THE EMPLOYEE. IN ANY
ACTION BROUGHT BY THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION,
LIQUIDATED DAMAGES SHALL BE CALCULATED AS AN AMOUNT EQUAL TO ONE HUNDRED
PERCENT OF UNDERPAYMENTS FOUND TO BE DUE THE EMPLOYEE.
3. Limitation of time. Notwithstanding any other provision of law, an
action to recover upon a liability imposed by this article must be
commenced within six years. THE STATUTE OF LIMITATIONS SHALL BE TOLLED
FROM THE DATE AN EMPLOYEE FILES A COMPLAINT WITH THE COMMISSIONER OR THE
COMMISSIONER COMMENCES AN INVESTIGATION, WHICHEVER IS EARLIER, UNTIL AN
ORDER TO COMPLY ISSUED BY THE COMMISSIONER BECOMES FINAL, OR WHERE THE
COMMISSIONER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH THE
COMMISSIONER NOTIFIES THE COMPLAINANT THAT THE INVESTIGATION HAS
CONCLUDED. INVESTIGATION BY THE COMMISSIONER SHALL NOT BE A PREREQUISITE
TO NOR A BAR AGAINST A PERSON BRINGING A CIVIL ACTION UNDER THIS ARTI-
CLE.
4. ATTORNEYS' FEES. IN ANY CIVIL ACTION BY AN EMPLOYEE OR BY THE
COMMISSIONER, THE EMPLOYEE OR COMMISSIONER SHALL HAVE THE RIGHT TO
COLLECT ATTORNEYS' FEES AND COSTS INCURRED IN ENFORCING ANY COURT JUDG-
MENT. ANY JUDGMENT OR COURT ORDER AWARDING REMEDIES UNDER THIS SECTION
SHALL PROVIDE THAT IF ANY AMOUNTS REMAIN UNPAID UPON THE EXPIRATION OF
NINETY DAYS FOLLOWING ISSUANCE OF JUDGMENT, OR NINETY DAYS AFTER EXPIRA-
TION OF THE TIME TO APPEAL AND NO APPEAL THEREFROM IS THEN PENDING,
WHICHEVER IS LATER, THE TOTAL AMOUNT OF JUDGMENT SHALL AUTOMATICALLY
INCREASE BY FIFTEEN PERCENT.
S 17. This act shall take effect on the one hundred twentieth day
after it shall have become a law.