S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11726

                          I N  A S S E M B L Y

                            November 24, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Heastie) --
  read once and referred to the Committee on Labor

AN ACT to amend the labor law, in  relation  to  establishing  the  wage
  theft prevention act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "wage theft
prevention act".
  S 2. Section 2 of the labor law is amended by adding a new subdivision
16 to read as follows:
  16. ALL REFERENCES TO LABOR LAW, CHAPTER, ARTICLE OR SECTION SHALL  BE
DEEMED  TO  INCLUDE ANY RULE, REGULATION OR ORDER PROMULGATED THEREUNDER
OR RELATED THERETO.
  S 3.  Subdivisions 1, 2, 3 and 4 of section 195 of the labor  law,  as
added by chapter 548 of the laws of 1966 and subdivision 1 as amended by
chapter 270 of the laws of 2009, are amended to read as follows:
  1.  (A)  [notify]  PROVIDE his or her employees, in writing IN ENGLISH
AND IN THE LANGUAGE IDENTIFIED BY EACH EMPLOYEE AS THE PRIMARY  LANGUAGE
OF  SUCH EMPLOYEE, at the time of hiring [of], AND ON OR BEFORE FEBRUARY
FIRST OF EACH SUBSEQUENT YEAR OF  THE  EMPLOYEE'S  EMPLOYMENT  WITH  THE
EMPLOYER,  A  NOTICE  CONTAINING  THE FOLLOWING INFORMATION: the rate OR
RATES of pay and [of] BASIS THEREOF, WHETHER PAID BY  THE  HOUR,  SHIFT,
DAY,  WEEK,  SALARY,  PIECE,  COMMISSION,  OR OTHER; ALLOWANCES, IF ANY,
CLAIMED AS PART OF THE MINIMUM WAGE, INCLUDING  TIP,  MEAL,  OR  LODGING
ALLOWANCES; the regular pay day designated by the employer in accordance
with  section one hundred ninety-one of this article[, and]; THE NAME OF
THE EMPLOYER; ANY "DOING BUSINESS AS" NAMES USED BY  THE  EMPLOYER;  THE
PHYSICAL  ADDRESS  OF  THE  EMPLOYER'S MAIN OFFICE OR PRINCIPAL PLACE OF
BUSINESS, AND A MAILING ADDRESS IF DIFFERENT; THE  TELEPHONE  NUMBER  OF
THE  EMPLOYER;  PLUS  SUCH  OTHER  INFORMATION AS THE COMMISSIONER DEEMS
MATERIAL AND NECESSARY. EACH TIME THE EMPLOYER PROVIDES SUCH  NOTICE  TO
AN  EMPLOYEE,  THE  EMPLOYER SHALL obtain FROM THE EMPLOYEE a SIGNED AND
DATED written acknowledgement [from each employee], IN  ENGLISH  AND  IN
THE  PRIMARY  LANGUAGE OF THE EMPLOYEE, of receipt of this notice, WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           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.