Senate Bill S7050B

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

                                  7050

                            I N  S E N A T E

                              March 9, 2010
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed 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.
  S 3. The labor law is amended by adding a new section 169-b to read as
follows:
  S  169-B.  REMEDIES;  CIVIL  ACTION.  1.  (A)  IF AN EMPLOYER FAILS TO
PROVIDE AN EMPLOYEE A MEAL PERIOD AS REQUIRED  BY  SECTION  ONE  HUNDRED
SIXTY-TWO  OF THIS ARTICLE, THE EMPLOYER SHALL BE LIABLE TO THE EMPLOYEE
FOR DAMAGES IN THE AMOUNT OF ONE HOUR OF PAY AT  DOUBLE  THE  EMPLOYEE'S
REGULAR  RATE  OF COMPENSATION FOR EACH WORK DAY THAT THE EMPLOYER FAILS
TO PROVIDE A REQUIRED MEAL PERIOD.
  (B) IF AN EMPLOYER FAILS TO PROVIDE AN  EMPLOYEE  A  DAY  OF  REST  AS
REQUIRED  BY SECTION ONE HUNDRED SIXTY-ONE OF THIS ARTICLE, THE EMPLOYER
SHALL BE LIABLE TO THE EMPLOYEE FOR DAMAGES  CALCULATED  AT  TRIPLE  THE
EMPLOYEE'S  REGULAR  RATE  OF  COMPENSATION  FOR EACH HOUR WORKED ON THE
SEVENTH CONSECUTIVE DAY OF EMPLOYMENT DURING THE WORKWEEK. THESE DAMAGES
SHALL BE IN ADDITION TO, NOT IN LIEU OF, ALL WAGES OTHERWISE OWED  UNDER
THIS CHAPTER.
  2. AN EMPLOYEE MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURIS-
DICTION  AGAINST  AN  EMPLOYER  FOR  VIOLATIONS  OF  SECTION ONE HUNDRED
SIXTY-ONE OR SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE, AND SHALL BE
ENTITLED TO RECOVER DAMAGES PROVIDED  BY  THIS  SECTION,  TOGETHER  WITH
COSTS AND REASONABLE ATTORNEY'S FEES.
  3.  ON BEHALF OF ANY EMPLOYEE NOT PROVIDED MEAL PERIODS AS REQUIRED BY
SECTION ONE HUNDRED SIXTY-TWO OR DAYS OF REST AS REQUIRED BY SECTION ONE

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

                                                           LBD16308-01-0

S. 7050                             2

HUNDRED SIXTY-ONE OF THIS ARTICLE, THE COMMISSIONER MAY BRING ANY  LEGAL
ACTION  NECESSARY,  INCLUDING  ADMINISTRATIVE ACTION, TO RECOVER DAMAGES
PROVIDED BY THIS SECTION.
  4.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, AN ACTION TO RECOVER
DAMAGES PROVIDED BY THIS SECTION SHALL BE COMMENCED  WITHIN  SIX  YEARS.
THE  STATUTE  OF  LIMITATIONS  SHALL BE TOLLED FROM THE DATE AN EMPLOYEE
FILES A COMPLAINT WITH THE COMMISSIONER 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 SECTION.
  5.  THE  REMEDIES  PROVIDED IN THIS SECTION SHALL BE AVAILABLE ONLY TO
EMPLOYEES NOT EXEMPT FROM OVERTIME COMPENSATION AS  ESTABLISHED  IN  THE
COMMISSIONER'S MINIMUM WAGE ORDERS OR OTHERWISE PROVIDED BY LAW OR REGU-
LATION.  NOTHING  IN THIS SECTION SHALL ALTER THE RIGHTS OF ANY EMPLOYEE
TO MEAL PERIODS UNDER SECTION ONE HUNDRED SIXTY-TWO OR TO DAYS  OF  REST
UNDER SECTION ONE HUNDRED SIXTY-ONE OF THIS ARTICLE.
  6. THE REMEDIES PROVIDED BY THIS SECTION MAY BE ENFORCED SIMULTANEOUS-
LY  OR  CONSECUTIVELY WITH ANY OTHER REMEDIES PROVIDED BY ARTICLE SIX OR
ARTICLE NINETEEN OF THIS CHAPTER SO FAR AS THEY ARE CONSISTENT WITH EACH
OTHER.
  7. ANY DAMAGES RECOVERABLE PURSUANT TO THIS SECTION MAY  BE  RECOVERED
IN  ANY  ACTION  THAT  A  COURT  MAY  AUTHORIZE TO BE BROUGHT AS A CLASS
ACTION.  SUBDIVISION B OF SECTION NINE HUNDRED ONE OF THE CIVIL PRACTICE
LAW AND RULES SHALL NOT PRECLUDE AN AWARD OF DAMAGES UNDER THIS  SECTION
ON A CLASS-WIDE BASIS.
  S  4.  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 and a new  subdivision  4-a
is added to read as follows:
  1. [notify] PROVIDE his or her employees, in writing IN ENGLISH AND IN
THE PRIMARY LANGUAGE OF THE 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 INCLUDING THE FOLLOWING  INFORMA-
TION:  the  rate OR RATES of pay and [of] ITS BASIS, WHETHER PAID BY THE
HOUR, SHIFT, DAY, WEEK, SALARY, PIECE, COMMISSION, OR OTHER; ALLOWANCES,
IF ANY, TO BE 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;  NAMES  OF  ANY INDIVIDUAL, PARTNERSHIP, JOINT VENTURE, CORPO-
RATION, OR OTHER ENTITY THAT HOLDS A TWENTY PERCENT OR GREATER OWNERSHIP
INTEREST IN THE EMPLOYER; A MAILING ADDRESS FOR THE EMPLOYER THAT IS NOT
A POST OFFICE BOX; 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 THE EMPLOYER  SHALL  PRESERVE
AND  MAINTAIN  FOR  SIX YEARS. Such acknowledgement shall conform to any
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 law or regulation, the notice must state the regu-
lar hourly rate and overtime rate of pay;

S. 7050                             3

  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;
  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 ITS BASIS, 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 OVER-
TIME COMPENSATION AS ESTABLISHED  IN  THE  COMMISSIONER'S  MINIMUM  WAGE
ORDERS  OR  OTHERWISE PROVIDED BY 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  STATE-
MENT  SHALL INCLUDE THE APPLICABLE PIECE RATE OR RATES OF PAY AND NUMBER
OF PIECES COMPLETED AT EACH  PIECE  RATE.  FOR  ALL  EMPLOYEES  PAID  BY
COMMISSION,  THE  STATEMENT SHALL INCLUDE THE BASIS ON WHICH THE COMMIS-
SION IS CALCULATED. 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 ITS
BASIS, 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.
FOR  ALL  EMPLOYEES  WHO  ARE  NOT  EXEMPT FROM OVERTIME COMPENSATION AS
ESTABLISHED IN THE  COMMISSIONER'S  MINIMUM  WAGE  ORDERS  OR  OTHERWISE
PROVIDED  BY  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. FOR ALL EMPLOYEES PAID BY COMMISSION,  THE
STATEMENT SHALL INCLUDE THE BASIS ON WHICH THE COMMISSION IS CALCULATED;
  4-A.  AFFORD CURRENT AND FORMER EMPLOYEES THE RIGHT TO INSPECT OR COPY
THE PAYROLL RECORDS PERTAINING TO THAT CURRENT OR FORMER EMPLOYEE,  UPON
REASONABLE  REQUEST  TO  THE  EMPLOYER. THE EMPLOYER MAY TAKE REASONABLE
STEPS TO ASSURE THE IDENTITY OF A CURRENT OR  FORMER  EMPLOYEE.  IF  THE
EMPLOYER PROVIDES COPIES OF THE RECORDS, THE ACTUAL COST OF REPRODUCTION
MAY  BE  CHARGED  TO  THE  CURRENT  OR  FORMER EMPLOYEE. AN EMPLOYER WHO
RECEIVES A WRITTEN OR ORAL REQUEST TO INSPECT OR COPY  RECORDS  PURSUANT
TO  THIS  SUBDIVISION  PERTAINING TO A CURRENT OR FORMER EMPLOYEE, SHALL
COMPLY WITH THE REQUEST AS SOON AS PRACTICABLE, BUT NO LATER THAN  TWEN-
TY-ONE  CALENDAR  DAYS  FROM  THE  DATE  OF THE REQUEST. AN EMPLOYER MAY
DESIGNATE THE PERSON TO WHOM A REQUEST UNDER THIS SUBDIVISION  SHALL  BE
MADE;
  S 5. 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:

S. 7050                             4

  a. He OR SHE shall investigate and attempt to adjust equitably contro-
versies between employers and employees relating to this [article] CHAP-
TER.
  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] 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
ARTICLE OR ARTICLE NINETEEN OR NINETEEN-A OF THIS CHAPTER remains unsat-
isfied 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 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 authorized surety  company,
to  be  approved  by  the commissioner. The bond shall be payable to the
commissioner and shall be conditioned that  the  employer  will,  for  a
definite  future period, not exceeding two years, pay his OR HER employ-
ees in accordance with the provisions of this article OR  ARTICLE  NINE-
TEEN  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 NINE-
TEEN-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
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,

S. 7050                             5

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 AN AMENDED ACCOUNTING OF ASSETS
WITHIN TEN DAYS OF ANY CHANGES. IF WITHIN TEN DAYS AFTER DEMAND FOR SUCH
AN ACCOUNTING OF ASSETS, WHICH DEMAND MAY BE MADE BY CERTIFIED OR REGIS-
TERED 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 LESS THAN TEN THOUSAND DOLLARS  AND  NO  MORE  THAN  FIFTY
THOUSAND DOLLARS.
  ANY  COURT  WITH  COMPETENT  JURISDICTION OVER AN ACTION BROUGHT UNDER
THIS SECTION, IN ADDITION TO ALL OTHER AUTHORITY, SHALL  ALSO  HAVE  THE
DISCRETION AND AUTHORITY TO TAKE ALL REASONABLE MEASURES TO IDENTIFY AND
PRESERVE  THE  EMPLOYER'S  ASSETS  THAT  MAY BE NECESSARY TO SATISFY ANY
ORDER TO COMPLY OR JUDGMENT.
  SUCH REASONABLE MEASURES MAY INCLUDE: (I) REQUIRING  THE  EMPLOYER  TO
GIVE  AN  ACCOUNTING  OF  ITS  ASSETS  TO  THE COURT; (II) ENJOINING THE
CONVEYANCE OF ASSETS; (III) PLACING ASSETS  IN  ESCROW;  (IV)  ATTACHING
ASSETS; (V) PLACING ASSETS IN RECEIVERSHIP; AND (VI) ALL OTHER RELIEF AS
MAY REASONABLY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER.
  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,
SEVEN, NINETEEN OR NINETEEN-A OF THIS CHAPTER, but he OR  SHE  shall  be
deemed vested with discretion in such matters.
  S  6. Section 196-a of the labor law, as amended by chapter 417 of the
laws of 2009, is amended to read as follows:

S. 7050                             6

  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, SIX, SEVEN, nineteen, or [article] nine-
teen-A of this chapter for an investigation of such complaint and state-
ment 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 TO  RESOLUTION
OF  A  COMPLAINT.  Failure  of an employer to keep [adequate] records OR
PROVIDE STATEMENTS OF WAGES TO EMPLOYEES AS REQUIRED UNDER THIS CHAPTER,
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.]
  WHERE AND EMPLOYER FAILS TO PROVIDE NOTICE TO AN  EMPLOYEE  OF  ALLOW-
ANCES,  IF  ANY,  TO  BE  CLAIMED  AS PART OF THE MINIMUM WAGE; MAINTAIN
CONTEMPORANEOUS RECORDS OF ALLOWANCES CLAIMED AS  PART  OF  THE  MINIMUM
WAGE;  OR  PROVIDE  STATEMENTS OF WAGES TO AN EMPLOYEE REFLECTING ALLOW-
ANCES CLAIMED AS PART OF THE MINIMUM WAGE, WHEN AND  AS  REQUIRED  UNDER
THIS  ARTICLE  OR  ARTICLE  NINETEEN OR NINETEEN-A OF THIS CHAPTER, SUCH
EMPLOYER SHALL BE BARRED FROM TAKING ANY ALLOWANCES OTHERWISE  PERMITTED
BY THIS CHAPTER, INCLUDING TIP, MEAL, OR LODGING ALLOWANCES.
  WHERE AN EMPLOYER FAILS TO PROVIDE NOTICE TO AN EMPLOYEE OF HIS OR HER
REGULAR  OR  OVERTIME  RATE  OR  RATES  OF PAY; MAINTAIN CONTEMPORANEOUS
RECORDS OF AN EMPLOYEE'S REGULAR OR OVERTIME RATE OR RATES  OF  PAY;  OR
PROVIDE  STATEMENTS  OF  WAGES  TO  AN EMPLOYEE OF HIS OR HER REGULAR OR
OVERTIME RATE OR RATES OF PAY, WHEN AND AS REQUIRED UNDER  THIS  ARTICLE
OR ARTICLE NINETEEN OR NINETEEN-A OF THIS CHAPTER, SUCH EMPLOYEE'S REGU-
LAR  HOURLY  RATE OF PAY SHALL BE CALCULATED BY DIVIDING SUCH EMPLOYEE'S
TOTAL WEEKLY WAGES BY THE LESSER OF FORTY HOURS OR THE ACTUAL NUMBER  OF
HOURS WORKED BY SUCH EMPLOYEE DURING THE WORK WEEK.
  WHERE  AN  EMPLOYER  HAS  FAILED  TO  MAINTAIN  ACCURATE, COMPLETE AND
CONTEMPORANEOUS RECORDS WHEN AND AS REQUIRED UNDER THIS ARTICLE OR ARTI-
CLE NINETEEN OR NINETEEN-A OF  THIS  CHAPTER,  OF  HOURS  WORKED  BY  AN
EMPLOYEE,  WAGES  PAID  TO  SUCH EMPLOYEE, OR ALLOWANCES CLAIMED BY SUCH
EMPLOYER AS PART OF THE MINIMUM WAGE, THE EMPLOYEE'S CREDIBLE  TESTIMONY
OF  SAME  SHALL FORM THE PROPER BASIS OF THE CALCULATION OF UNPAID WAGES
OWED SUCH EMPLOYEE ABSENT SPECIFIC,  DETAILED  AND  CREDIBLE  REBUTTABLE
EVIDENCE PROFFERED BY THE EMPLOYER.
  (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  7.  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

S. 7050                             7

the commissioner in ANY LEGAL ACTION NECESSARY, INCLUDING ADMINISTRATIVE
ACTION OR a civil action.
  S 8. 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
its  underpayment  of  wages was in compliance with the law.  LIQUIDATED
DAMAGES SHALL BE CALCULATED BY THE COMMISSIONER AS NO  LESS  THAN  FIFTY
PERCENT  AND  NO  MORE  THAN  TWO 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  INTER-
EST  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] TWO HUNDRED percent of the total amount
of the wages found to be due.
  WHERE AN EMPLOYER FAILS TO PROVIDE NOTICE TO  AN  EMPLOYEE  OF  ALLOW-
ANCES,  IF  ANY,  TO  BE  CLAIMED  AS PART OF THE MINIMUM WAGE; MAINTAIN
CONTEMPORANEOUS RECORDS OF ALLOWANCES CLAIMED AS  PART  OF  THE  MINIMUM
WAGE;  OR  PROVIDE  STATEMENTS OF WAGES TO AN EMPLOYEE REFLECTING ALLOW-
ANCES CLAIMED AS PART OF THE MINIMUM WAGE, WHEN AND  AS  REQUIRED  UNDER
THIS  ARTICLE,  SUCH EMPLOYER SHALL BE BARRED FROM TAKING ANY ALLOWANCES
OTHERWISE PERMITTED BY THIS CHAPTER, INCLUDING  TIP,  MEAL,  OR  LODGING
ALLOWANCES.
  WHERE AN EMPLOYER FAILS TO PROVIDE NOTICE TO AN EMPLOYEE OF HIS OR HER
REGULAR  OR  OVERTIME  RATE  OR  RATES  OF PAY; MAINTAIN CONTEMPORANEOUS
RECORDS OF AN EMPLOYEE'S REGULAR OR OVERTIME RATE OR RATES  OF  PAY;  OR
PROVIDE  STATEMENTS  OF  WAGES  TO  AN EMPLOYEE OF HIS OR HER REGULAR OR
OVERTIME RATE OR RATES OF PAY, WHEN AND AS REQUIRED UNDER THIS  ARTICLE,
SUCH EMPLOYEE'S REGULAR HOURLY RATE OF PAY SHALL BE CALCULATED BY DIVID-
ING  THE  EMPLOYEE'S  TOTAL WEEKLY WAGES BY THE LESSER OF FORTY HOURS OR
THE ACTUAL NUMBER OF HOURS WORKED BY SUCH EMPLOYEE DURING THE WORK WEEK.
  WHERE AN EMPLOYER  HAS  FAILED  TO  MAINTAIN  ACCURATE,  COMPLETE  AND
CONTEMPORANEOUS RECORDS WHEN AND AS REQUIRED UNDER THIS ARTICLE OF HOURS
WORKED  BY  AN  EMPLOYEE,  WAGES  PAID  TO  SUCH EMPLOYEE, OR ALLOWANCES
CLAIMED BY SUCH EMPLOYER AS PART OF THE  MINIMUM  WAGE,  THE  EMPLOYEE'S
CREDIBLE  TESTIMONY  OF  SAME  SHALL FORM THE PROPER BASIS OF THE CALCU-
LATION OF UNPAID WAGES OWED SUCH EMPLOYEE ABSENT SPECIFIC, DETAILED  AND
CREDIBLE REBUTTAL EVIDENCE PROFFERED BY THE EMPLOYER.

S. 7050                             8

  1-B.  IF ANY EMPLOYEE IS NOT PROVIDED A NOTICE AS REQUIRED BY SUBDIVI-
SION ONE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE, HE  OR  SHE
SHALL  RECOVER  IN A CIVIL ACTION STATUTORY DAMAGES OF FIFTY DOLLARS FOR
EACH WORK DAY THAT THE VIOLATIONS OCCURRED OR CONTINUE TO OCCUR, TOGETH-
ER  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 SHALL ASSESS AGAINST THE EMPLOYER  STATU-
TORY  DAMAGES  OF  FIFTY  DOLLARS  FOR EACH WORK DAY THAT THE VIOLATIONS
OCCURRED OR CONTINUE TO OCCUR.
  1-C. IF ANY EMPLOYEE IS NOT PROVIDED A STATEMENT AS REQUIRED BY SUBDI-
VISION THREE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE,  HE  OR
SHE  SHALL  RECOVER  IN  A CIVIL ACTION STATUTORY DAMAGES OF ONE HUNDRED
DOLLARS FOR EACH WORK WEEK THAT THE VIOLATIONS OCCURRED OR  CONTINUE  TO
OCCUR, 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  SHALL  ASSESS  AGAINST  THE
EMPLOYER  STATUTORY  DAMAGES  OF  ONE HUNDRED DOLLARS FOR EACH WORK WEEK
THAT THE VIOLATIONS OCCURRED OR CONTINUE TO OCCUR.
  1-D. IF ANY EMPLOYEE IS NOT AFFORDED THE  RIGHT  TO  INSPECT  OR  COPY
PAYROLL RECORDS AS REQUIRED BY SUBDIVISION FOUR-A OF SECTION ONE HUNDRED
NINETY-FIVE  OF  THIS ARTICLE, HE OR SHE SHALL RECOVER IN A CIVIL ACTION
STATUTORY DAMAGES OF FIFTY DOLLARS FOR  EACH  DAY  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 AFFORDED THE RIGHT TO  INSPECT  OR  COPY
PAYROLL RECORDS AS REQUIRED BY SUBDIVISION FOUR-A OF SECTION ONE HUNDRED
NINETY-FIVE 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 SHALL
ASSESS  AGAINST THE EMPLOYER STATUTORY DAMAGES OF FIFTY DOLLARS FOR EACH
DAY THAT THE VIOLATIONS OCCURRED OR CONTINUE TO OCCUR, BUT NOT TO EXCEED
A TOTAL OF TWO THOUSAND FIVE HUNDRED DOLLARS.
  IMPOSSIBILITY OF PERFORMANCE, NOT CAUSED BY OR A RESULT OF A VIOLATION
OF LAW, SHALL BE AN AFFIRMATIVE DEFENSE FOR AN EMPLOYER  IN  ANY  ACTION
UNDER THIS SUBDIVISION.
  2.  ANY  DAMAGES RECOVERABLE PURSUANT TO THIS SECTION MAY BE RECOVERED
IN ANY ACTION THAT A COURT MAY  AUTHORIZE  TO  BE  BROUGHT  AS  A  CLASS
ACTION.  SUBDIVISION B OF SECTION NINE HUNDRED ONE OF THE CIVIL PRACTICE
LAW  AND  RULES  SHALL NOT PRECLUDE AN AWARD OF LIQUIDATED DAMAGES UNDER
THIS ARTICLE ON A CLASSWIDE BASIS.

S. 7050                             9

  3. NO RIGHTS OR REMEDIES AVAILABLE UNDER THIS ARTICLE MAY BE WAIVED OR
RELEASED EXCEPT BY COURT ORDER. A COURT OF COMPETENT JURISDICTION  SHALL
NOT APPROVE SUCH WAIVER OR RELEASE UNLESS IT REPRESENTS A FAIR AND EQUI-
TABLE SETTLEMENT OF A BONA FIDE DISPUTE.
  [2.]  4.  The remedies provided by this article may be enforced simul-
taneously or consecutively so far as not inconsistent with each other.
  [3.] 5. Notwithstanding any other  provision  of  law,  an  action  to
recover upon a liability imposed by this article must be commenced with-
in  six years.  THE STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE DATE
AN EMPLOYEE FILES A COMPLAINT WITH THE COMMISSIONER 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.
  6. 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 IN ADDITION TO AN
ADDITIONAL THIRTY PERCENT DAMAGES UPON ANY AMOUNTS FOUND DUE  AND  OWING
AT  THE  EXPIRATION  OF NINETY DAYS AFTER A COURT JUDGMENT BECOMES FINAL
AND NO LONGER ELIGIBLE FOR APPEAL.
  7. ANY COURT WITH COMPETENT JURISDICTION OVER A CIVIL  ACTION  BROUGHT
UNDER  THIS SECTION, IN ADDITION TO ALL OTHER AUTHORITY, SHALL ALSO HAVE
THE DISCRETION AND AUTHORITY TO TAKE ALL REASONABLE MEASURES,  PRIOR  TO
THE  GRANTING  OF  A  JUDGMENT,  TO IDENTIFY AND PRESERVE THE EMPLOYER'S
ASSETS THAT MAY BE NECESSARY TO SATISFY THE POTENTIAL JUDGMENT  IN  SUCH
ACTION,  INCLUDING  SUCH AMOUNT TO SATISFY AN AWARD OF REASONABLE ATTOR-
NEYS' FEES AND COSTS.
  A. SUCH REASONABLE MEASURES MAY INCLUDE: (I) REQUIRING THE EMPLOYER TO
GIVE AN ACCOUNTING OF ITS  ASSETS  TO  THE  COURT;  (II)  ENJOINING  THE
CONVEYANCE  OF  ASSETS;  (III)  PLACING ASSETS IN ESCROW; (IV) ATTACHING
ASSETS; (V) PLACING ASSETS IN RECEIVERSHIP AND (VI) ALL OTHER RELIEF  AS
MAY REASONABLY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER.
  B.  A  COURT  EXERCISING  ITS  AUTHORITY UNDER THIS SECTION SHALL HAVE
DISCRETION TO: (I) BALANCE THE LIKELIHOOD OF SUCCESS ON THE MERITS  WITH
THE  POTENTIAL  HARM  TO DEFENDANTS IF SUCH EQUITABLE RELIEF IS GRANTED;
AND (II) WAIVE ANY OTHERWISE-APPLICABLE REQUIREMENTS TO POST A  BOND  IF
SUCH  BOND WOULD CAUSE UNDUE HARDSHIP ON THE PARTY SEEKING TO INVOKE THE
COURT'S EQUITABLE POWERS UNDER THIS SECTION.
  S 9. 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. (A) 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, PARTNER-
SHIP, OR LIMITED LIABILITY COMPANY who knowingly permit the corporation,
PARTNERSHIP, OR LIMITED LIABILITY COMPANY to  violate  this  chapter  by
failing  to pay the wages of any of its employees in accordance with the
provisions thereof, shall be guilty  of  a  misdemeanor  for  the  first
offense  and  upon conviction therefor shall be fined not less than five
hundred nor more than twenty thousand dollars or imprisoned for not more
than one year, and, in the event that any second or  subsequent  offense
occurs  within  six years of the date of conviction for a prior offense,

S. 7050                            10

shall be guilty of a felony for the second or  subsequent  offense,  and
upon  conviction therefor, shall be fined not less than five hundred nor
more than twenty thousand dollars or imprisoned for not  more  than  one
year  plus  one day, or punished by both such fine and imprisonment, for
each such offense.  An indictment of a person or corporation operating a
steam surface railroad for an offense specified in this section  may  be
found  and  tried  in any county within the state in which such railroad
ran at the time of such offense.
  (B) EVERY EMPLOYER WHO FAILS TO PAY  THE  WAGES  OF  ALL  HIS  OR  HER
EMPLOYEES  IN  ACCORDANCE  WITH  THE PROVISIONS OF THIS CHAPTER, AND THE
OFFICERS AND AGENTS OF ANY CORPORATION, PARTNERSHIP, OR LIMITED  LIABIL-
ITY COMPANY WHO KNOWINGLY PERMIT THE CORPORATION, PARTNERSHIP, OR LIMIT-
ED LIABILITY COMPANY TO VIOLATE THIS CHAPTER BY FAILING TO PAY THE WAGES
OF  ANY OF ITS EMPLOYEES IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAP-
TER, AND:
  (I) SUCH FAILURE RESULTS IN  UNDERPAYMENTS,  WHICH  IN  THE  AGGREGATE
AMOUNT  TO  ALL  WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS IN AN AMOUNT
GREATER THAN TWENTY-FIVE THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS  E
FELONY  AND  UPON  CONVICTION THEREFOR SHALL BE FINED NOT LESS THAN HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN FOUR YEARS;
  (II) SUCH FAILURE RESULTS IN UNDERPAYMENTS,  WHICH  IN  THE  AGGREGATE
AMOUNT  TO  ALL  WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS IN AN AMOUNT
GREATER THAN ONE HUNDRED THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS  D
FELONY  AND  UPON  CONVICTION THEREFOR SHALL BE FINED NOT LESS THAN HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN SEVEN YEARS; OR
  (III) SUCH FAILURE RESULTS IN UNDERPAYMENTS, WHICH  IN  THE  AGGREGATE
AMOUNT  TO  ALL  WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS IN AN AMOUNT
GREATER THAN FIVE HUNDRED THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS C
FELONY AND UPON CONVICTION THEREFOR SHALL BE FINED NOT  LESS  THAN  HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN FIFTEEN YEARS.
  2.  Every  employer  who violates or fails to comply with the require-
ments of subdivision ONE OR 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 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 ONE OR four of section one hundred ninety-
five of this article, and the officers and agents  of  any  corporation,
PARTNERSHIP,  OR  LIMITED  LIABILITY  COMPANY  who  knowingly permit the
corporation, PARTNERSHIP, OR LIMITED LIABILITY  COMPANY  to  violate  or
fail to comply therewith, shall be guilty of a felony where such employ-
er,  officer or agent has been convicted of a violation of such subdivi-
sion 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  ONE  OR  four  of
section one hundred ninety-five of this article.

S. 7050                            11

  S  10.  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  CLAIMANT AND HIS OR HER AUTHORIZED REPRESENTATIVE SHALL BE
PROVIDED A COPY OF ALL COMMUNICATIONS  DIRECTED  TO  THE  EMPLOYER  THAT
INCLUDE  ANY  CALCULATION  OF  WAGES OWED OR DAMAGES TO BE ASSESSED WITH
RESPECT TO THAT CLAIMANT AND BE PROVIDED AN OPPORTUNITY  TO  REVIEW  AND
CONTEST THE FACTUAL BASIS OF THAT CALCULATION PRIOR TO SETTLEMENT OF THE
CLAIM  OR  ISSUANCE  OF AN ORDER TO COMPLY. 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  11.  Section 201 of the labor law, as amended by chapter 457 of the
laws of 1946, is amended to read as follows:
  S 201. Laws and orders to be posted. Wherever persons are employed who
are affected by the provisions of this  chapter  or  of  the  industrial
code, the commissioner shall furnish to the employer copies or abstracts
of  such provisions, rules and orders as he may deem necessary affecting
such persons. The copies or abstracts [shall be in such language as  the
commissioner  may require and] shall be kept posted by the employer in a
conspicuous place on  each  floor  of  the  premises.    THE  COPIES  OR
ABSTRACTS  POSTED  BY  AN  EMPLOYER PURSUANT TO THIS SECTION SHALL BE IN
ENGLISH, ALL LANGUAGES THAT ARE THE PRIMARY LANGUAGE OF TEN  PERCENT  OR
MORE  OF  THAT  EMPLOYER'S  WORKFORCE  AT  EACH  PREMISES, AND ANY OTHER
LANGUAGE AS THE COMMISSIONER MAY REQUIRE.
  S 12. 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 and subdivision 2 as added by chapter 744 of the laws of  1986,  is
amended to read as follows:
  S  215.  Penalties  and civil action; employer who penalizes employees
because of complaints of employer violations. 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  that  the  employer  has
[violated  any  provision  of]  ENGAGED IN CONDUCT THAT THE EMPLOYEE, IN
GOOD FAITH, BELIEVES VIOLATES ANY OF HIS OR HER RIGHTS UNDER this  chap-
ter, or (ii) BECAUSE SUCH EMPLOYER OR PERSON BELIEVES THAT SUCH EMPLOYEE
HAS MADE A COMPLAINT TO HIS OR HER EMPLOYER, OR THAT THE COMMISSIONER OR
HIS  OR  HER AUTHORIZED REPRESENTATIVE, OR TO THE ATTORNEY GENERAL, THAT

S. 7050                            12

THE EMPLOYER HAS VIOLATED ANY OF HIS OR HER RIGHTS UNDER  THIS  CHAPTER,
OR  (III) because such employee has caused to be instituted 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 chapter, or [(vi)] (VII)
because  the  employer  has  received  an adverse determination from the
commissioner involving the employee, OR (VIII) BECAUSE SUCH EMPLOYEE HAS
BEEN INFORMED, OR HAS INFORMED ANOTHER PERSON, ABOUT HIS OR  HER  RIGHTS
UNDER THIS CHAPTER.
  "EMPLOYEE"  FOR  PURPOSES OF THIS SECTION SHALL INCLUDE ANY CURRENT OR
FORMER EMPLOYEE, OR ANY JOB APPLICANT.
  A COMPLAINT MADE BY AN EMPLOYEE NEED NOT REFER TO THIS CHAPTER OR TO A
SPECIFIC VIOLATION OR PROVISION OF THIS CHAPTER.
  CONDUCT MADE UNLAWFUL UNDER THIS SECTION INCLUDES CONDUCT THAT RESULTS
IN AN ADVERSE CHANGE IN THE TERMS AND CONDITIONS OF EMPLOYMENT  AND  ANY
ACT  OR ACTS REASONABLY LIKELY TO DETER AN EMPLOYEE FROM ENGAGING IN ANY
ACTIVITY PROTECTED IN SUBPARAGRAPHS (I), (II), (III), (IV),  (V),  (VI),
(VII) AND (VIII) OF THIS PARAGRAPH.
  (b)  AN  EMPLOYER  IS  PRESUMED TO HAVE VIOLATED PARAGRAPH (A) OF THIS
SUBDIVISION IF WITHIN NINETY DAYS  AFTER  AN  EMPLOYEE  ENGAGES  IN  ANY
ACTIVITY  PROTECTED  IN SUBPARAGRAPHS (I), (II), (III), (IV), (V), (VI),
(VII) AND (VIII) OF PARAGRAPH (A)  OF  THIS  SUBDIVISION,  THE  EMPLOYER
DISCHARGES,  THREATENS,  OR PENALIZES THE EMPLOYEE, OR OTHERWISE CHANGES
THE TERMS OR CONDITIONS OF EMPLOYMENT SUCH THAT  A  REASONABLE  EMPLOYEE
WOULD CONSIDER THE CHANGE ADVERSE. SUCH PRESUMPTION MAY ONLY BE REBUTTED
BY  CLEAR  AND  CONVINCING  EVIDENCE THAT THE ACTION WAS TAKEN FOR OTHER
PERMISSIBLE REASONS.
  (C) If after investigation the commissioner finds that an employer has
violated any provision of this section, the commissioner [may] SHALL, by
an order which shall describe particularly the nature of the  violation,
assess  the  employer  a civil penalty of not less than one thousand nor
more than ten thousand dollars, and order  [the  employer  to  pay]  ALL
APPROPRIATE  RELIEF INCLUDING ENJOINING THE CONDUCT; ORDERING PAYMENT OF
lost compensation, DAMAGES, AND LIQUIDATED DAMAGES to  the  employee  BY
THE  EMPLOYER  OR  PERSON  IN  VIOLATION; AND ORDERING REHIRING OR REIN-
STATEMENT OF THE EMPLOYEE TO HIS OR HER FORMER POSITION WITH RESTORATION
OF SENIORITY, OR AN AWARD OF FRONT PAY IN LIEU  OF  REINSTATEMENT  WHERE
APPROPRIATE.  LIQUIDATED  DAMAGES  SHALL  BE CALCULATED AS AN AMOUNT NOT
LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TEN  THOUSAND  DOLLARS.  IN
THE  CASE  OF DISCHARGE IN VIOLATION OF THIS SECTION, LIQUIDATED DAMAGES
SHALL BE SET AT TEN  THOUSAND  DOLLARS.  THE  COMMISSIONER  SHALL  AWARD
LIQUIDATED  DAMAGES  TO  EVERY EMPLOYEE AGGRIEVED UNDER THIS SECTION, IN
ADDITION TO ANY OTHER REMEDIES  PERMITTED  BY  THIS  SECTION,  TO  DETER
FUTURE VIOLATIONS.
  [(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

S. 7050                            13

violation, REGARDLESS OF THE DATES OF EMPLOYMENT OF THE EMPLOYEE, and to
order all appropriate relief, including 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 WHERE APPROPRIATE, AND
payment of lost compensation, damages, LIQUIDATED  DAMAGES,  COSTS,  and
reasonable  attorneys' fees.   LIQUIDATED DAMAGES SHALL BE CALCULATED AS
AN AMOUNT NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TEN  THOUSAND
DOLLARS.  IN  THE CASE OF DISCHARGE IN VIOLATION OF THIS SECTION, LIQUI-
DATED DAMAGES SHALL BE SET AT 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, TO DETER
FUTURE VIOLATIONS. THE STATUTE OF LIMITATIONS SHALL BE TOLLED  FROM  THE
DATE  AN EMPLOYEE FILES A COMPLAINT WITH THE COMMISSIONER 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.
  (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 COURT WITH COMPETENT JURISDICTION OVER A CIVIL  ACTION  BROUGHT
UNDER  THIS SECTION, IN ADDITION TO ALL OTHER AUTHORITY, SHALL ALSO HAVE
THE DISCRETION AND AUTHORITY TO TAKE ALL REASONABLE MEASURES,  PRIOR  TO
THE  GRANTING  OF  A  JUDGMENT,  TO IDENTIFY AND PRESERVE THE EMPLOYER'S
ASSETS THAT MAY BE NECESSARY TO SATISFY THE POTENTIAL JUDGMENT  IN  SUCH
ACTION,  INCLUDING  SUCH AMOUNT TO SATISFY AN AWARD OF REASONABLE ATTOR-
NEYS' FEES AND COSTS.
  (A) SUCH REASONABLE MEASURES MAY INCLUDE: (I) REQUIRING  THE  EMPLOYER
TO  GIVE  AN  ACCOUNTING  OF ITS ASSETS TO THE COURT; (II) ENJOINING THE
CONVEYANCE OF ASSETS; (III) PLACING ASSETS  IN  ESCROW;  (IV)  ATTACHING
ASSETS; (V) PLACING ASSETS IN RECEIVERSHIP; AND (VI) ALL OTHER RELIEF AS
MAY REASONABLY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER.
  (B)  A  COURT  EXERCISING  ITS AUTHORITY UNDER THIS SECTION SHALL HAVE
DISCRETION TO: (I) BALANCE THE LIKELIHOOD OF SUCCESS ON THE MERITS  WITH
THE  POTENTIAL  HARM  TO DEFENDANTS IF SUCH EQUITABLE RELIEF IS GRANTED;
AND (II) WAIVE ANY OTHERWISE APPLICABLE REQUIREMENTS TO POST A  BOND  IF
SUCH  BOND WOULD CAUSE UNDUE HARDSHIP ON THE PARTY SEEKING TO INVOKE THE
COURT'S EQUITABLE POWERS UNDER THIS SECTION.
  4. 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
MISDEMEANOR AND UPON CONVICTION THEREFOR SHALL BE FINED  NOT  LESS  THAN
FIVE  HUNDRED  NOR  MORE THAN TEN THOUSAND DOLLARS OR IMPRISONED FOR NOT
MORE THAN ONE YEAR, EXCEPT THAT ANY PERSON WHO DISCHARGES AN EMPLOYEE IN
VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A FELONY
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. WHERE ANY PERSON HAS PREVIOUSLY BEEN CONVICTED OF
A VIOLATION OF THIS SUBDIVISION WITHIN  THE  PREVIOUS  SIX  YEARS,  UPON
CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SUCH PERSON SHALL BE GUIL-
TY OF A FELONY AND FINED NOT LESS THAN FIVE HUNDRED NOR MORE THAN TWENTY
THOUSAND DOLLARS OR IMPRISONED FOR NOT MORE THAN ONE YEAR PLUS ONE DAY.
  S  13.  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 2005 and

S. 7050                            14

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
THE MAXIMUM AMOUNT OF LIQUIDATED DAMAGES AVAILABLE UNDER  THIS  CHAPTER,
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 MAXIMUM AMOUNT OF LIQUI-
DATED DAMAGES AVAILABLE UNDER THIS CHAPTER, THE appropriate civil penal-
ty, 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 employ-
er'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 employ-
er'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
amount of wages, supplements or other thing of value unlawfully received
plus THE MAXIMUM AMOUNT OF LIQUIDATED DAMAGES AVAILABLE UNDER THIS CHAP-
TER  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 restoration 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 employ-
er'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.

S. 7050                            15

  AT  THE  DISCRETION  OF  THE COMMISSIONER, THE COMMISSIONER SHALL HAVE
FULL AUTHORITY TO PROVIDE FOR INCLUSION OF AN AUTOMATIC  THIRTY  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 THIRTY 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  14.  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] THE MAXIMUM
AMOUNT  OF LIQUIDATED DAMAGES AVAILABLE UNDER THIS CHAPTER, AND interest
at the rate of interest then in effect as prescribed by the  superinten-
dent  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 THIRTY 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

S. 7050                            16

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  THIRTY
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 15. The labor law is amended by adding  three  new  sections  219-c,
219-d and 219-e to read as follows:
  S  219-C.  ARBITRATION  FAIRNESS  ACT.  1.  FOR  THE  PURPOSES OF THIS
SECTION, "PREDISPUTE ARBITRATION AGREEMENT" MEANS ANY AGREEMENT TO ARBI-
TRATE DISPUTES THAT HAD NOT YET ARISEN AT THE TIME OF THE MAKING OF  THE
AGREEMENT.
  2.  NO  PREDISPUTE ARBITRATION AGREEMENT SHALL BE VALID OR ENFORCEABLE
IF IT REQUIRES ARBITRATION OF AN EMPLOYMENT DISPUTE ARISING UNDER  ARTI-
CLE FIVE, SIX, NINETEEN OR NINETEEN-A, OR SECTION TWO HUNDRED FIFTEEN OF
THIS CHAPTER.
  3.  THE  VALIDITY OR ENFORCEABILITY OF AN AGREEMENT TO ARBITRATE SHALL
BE DETERMINED BY THE COURT, RATHER THAN THE ARBITRATOR, IRRESPECTIVE  OF
WHETHER  THE  PARTY  RESISTING  ARBITRATION  CHALLENGES  THE ARBITRATION
AGREEMENT SPECIFICALLY  OR  IN  CONJUNCTION  WITH  OTHER  TERMS  OF  THE
CONTRACT CONTAINING SUCH AGREEMENT.
  4. NOTHING IN THIS SECTION SHALL APPLY TO ANY ARBITRATION PROVISION IN
A COLLECTIVE BARGAINING AGREEMENT.
  5. THIS SECTION SHALL APPLY TO ANY PREDISPUTE ARBITRATION AGREEMENT IN
EFFECT ON OR AFTER THE ENACTMENT OF THE PROVISIONS OF THIS SECTION.
  S  219-D.  PUBLIC  NOTICE  OF EMPLOYER VIOLATIONS. 1. THE COMMISSIONER
SHALL HAVE THE FOLLOWING POWERS: (A) AFFIX TO ANY GOOD, IN THE  MANUFAC-
TURE  OR  ASSEMBLY  OF  WHICH  ANY EMPLOYEE WAS EMPLOYED IN VIOLATION OF
ARTICLE SIX, NINETEEN OR NINETEEN-A OF THIS CHAPTER, A NOTICE OF NO MORE
THAN SIX INCHES IN LENGTH BEARING THE WORDS  "UNLAWFULLY  MANUFACTURED."
ANY  PERSON OTHER THAN THE COMMISSIONER, THE COMMISSIONER'S DULY AUTHOR-
IZED REPRESENTATIVE, OR CONSUMER  OF  SUCH  GOOD  WHO  REMOVES,  ALTERS,
DEFACES  OR OTHERWISE INTERFERES WITH SUCH A NOTICE SHALL BE GUILTY OF A
MISDEMEANOR; AND
  (B) WHERE AN EMPLOYER IS FOUND IN VIOLATION OF ARTICLE  SIX,  NINETEEN
OR  NINETEEN-A OF THIS CHAPTER, TO POST AND/OR AFFIX 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 TO POST AND/OR AFFIX 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  COMMISSION OR THE COMMISSIONER'S DULY AUTHORIZED REPRESENTATIVE WHO

S. 7050                            17

REMOVES, ALTERS, DEFACES OR OTHERWISE INTERFERES WITH  A  NOTICE  POSTED
AND/OR AFFIXED UNDER THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.
  S  219-E. WAGE LIENS. 1. ANY EMPLOYEE WHO HAS A CLAIM FOR WAGES PURSU-
ANT TO ARTICLE SIX, NINETEEN  OR  NINETEEN-A  OF  THIS  CHAPTER  OR  THE
COMMISSIONER  ACTING  ON  SUCH EMPLOYEE'S BEHALF, SHALL HAVE A LIEN UPON
ALL PROPERTY OF THE EMPLOYER, REAL OR PERSONAL, LOCATED  IN  THIS  STATE
FOR THE FULL AMOUNT OF ANY WAGE CLAIM OR DEFICIENCY.
  2. (A) A LIEN UNDER SUBDIVISION ONE OF THIS SECTION UPON REAL PROPERTY
TAKES EFFECT WHEN THE COMMISSIONER OR THE EMPLOYEE FILES A NOTICE OF THE
LIEN  IN THE CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS SITUATED
AND SERVES A COPY OF THAT NOTICE ON THE EMPLOYER IN THE SAME MANNER AS A
SUMMONS IS SERVED UNDER THE CIVIL PRACTICE  LAW  AND  RULES.  SUCH  COPY
SHALL  BE SERVED ON THE EMPLOYER WITHIN FIVE DAYS BEFORE AND THIRTY DAYS
AFTER FILING THE NOTICE OF LIEN. IF THE PROPERTY IS SITUATED IN  TWO  OR
MORE  COUNTIES,  THE  NOTICE OF LIEN SHALL BE FILED IN THE OFFICE OF THE
CLERK OF EACH OF SUCH COUNTIES. THE COUNTY CLERK SHALL ENTER THE  NOTICE
OF THE LIEN ON THE LIEN DOCKET.
  (B) A LIEN UNDER SUBDIVISION ONE OF THIS SECTION UPON PERSONAL PROPER-
TY  TAKES EFFECT WHEN THE COMMISSIONER OR THE EMPLOYEE FILES A NOTICE OF
THE LIEN AS IS REQUIRED UNDER PARAGRAPH TWO OF SUBSECTION (A) OF SECTION
9-501 OF THE UNIFORM COMMERCIAL CODE TO PERFECT A SECURITY  INTEREST  IN
SUCH  PROPERTY  AND  SERVES A COPY OF THAT NOTICE ON THE EMPLOYER IN THE
SAME MANNER AS A SUMMONS IS SERVED UNDER  THE  CIVIL  PRACTICE  LAW  AND
RULES. SUCH COPY SHALL BE SERVED ON THE EMPLOYER WITHIN FIVE DAYS BEFORE
AND THIRTY DAYS AFTER FILING THE NOTICE OF LIEN. SUCH NOTICE OF THE LIEN
SHALL  BE  MARKED,  FILED, AND INDEXED BY THE FILING OFFICER IN THE SAME
MANNER AS A FINANCING STATEMENT.
  3. THE COMMISSIONER OR AN EMPLOYEE SHALL FILE A NOTICE  IN  ACCORDANCE
WITH  SUBDIVISION TWO OF THIS SECTION WITHIN SIX YEARS AFTER THE DATE ON
WHICH THE WAGES WERE DUE. SUCH NOTICE SHALL SPECIFY THE  NATURE  OF  THE
CLAIM AND THE AMOUNT CLAIMED, DESCRIBE THE PROPERTY UPON WHICH THE CLAIM
IS  MADE  AND  STATE  THAT THE PERSON FILING THE NOTICE CLAIMS A LIEN ON
THAT PROPERTY.
  4. EXCEPT AS PROVIDED IN SUBDIVISION FIVE  OF  THIS  SECTION,  A  LIEN
UNDER  SUBDIVISION  ONE OF THIS SECTION TAKES PRECEDENCE OVER THE RIGHTS
OF BONA FIDE PURCHASERS AND ALL OTHER DEBTS, JUDGMENTS, DECREES,  LIENS,
OR  MORTGAGES  AGAINST  THE  EMPLOYER, REGARDLESS OF WHETHER THOSE OTHER
RIGHTS, DEBTS, JUDGMENTS, DECREES, LIENS, OR MORTGAGES ORIGINATE  BEFORE
OR  AFTER THE LIEN UNDER SUBDIVISION ONE OF THIS SECTION TAKES EFFECT. A
LIEN UNDER SUBDIVISION ONE OF THIS SECTION MAY BE ENFORCED IN THE MANNER
PROVIDED IN ARTICLES THREE AND NINE OF THE LIEN LAW,  INSOFAR  AS  THOSE
PROVISIONS ARE APPLICABLE. THE LIEN CEASES TO EXIST IF THE EMPLOYEE DOES
NOT  BRING  AN  ACTION TO ENFORCE THE LIEN WITHIN THE STATUTE OF LIMITA-
TIONS FOR THE UNDERLYING WAGE CLAIM.
  5. EXCEPT AS PROVIDED IN THIS SUBDIVISION, A  LIEN  UNDER  SUBDIVISION
ONE  OF  THIS  SECTION DOES NOT TAKE PRECEDENCE OVER A LIEN OF A BANKING
ORGANIZATION AGAINST THE EMPLOYER THAT ORIGINATES BEFORE THE LIEN  UNDER
SUCH  SUBDIVISION  TAKES  EFFECT.  A  LIEN UNDER SUBDIVISION ONE OF THIS
SECTION TAKE PRECEDENCE OVER THE LIEN OF A BANKING ORGANIZATION  AGAINST
THE  EMPLOYER  THAT  ORIGINATES  BEFORE  THE LIEN UNDER SUCH SUBDIVISION
TAKES EFFECT ONLY AS TO THE FIRST TEN THOUSAND DOLLARS OF  UNPAID  WAGES
COVERED  UNDER  THE  LIEN. "BANKING ORGANIZATION" SHALL HAVE THE MEANING
DEFINED IN SUBDIVISION ELEVEN OF SECTION TWO OF THE BANKING LAW.
  6. A LIEN UNDER SUBDIVISION ONE OF THIS SECTION MAY BE ASSIGNED  BY  A
WRITTEN  INSTRUMENT  SIGNED  AND ACKNOWLEDGED BY THE LIENOR, AT ANY TIME
BEFORE THE DISCHARGE THEREOF. SUCH ASSIGNMENT SHALL  CONTAIN  THE  NAMES

S. 7050                            18

AND  PLACES OF RESIDENCE OF THE ASSIGNOR AND ASSIGNEE, THE AMOUNT OF THE
LIEN AND DATE OF FILING THE NOTICE OF LIEN, AND BE FILED IN  THE  OFFICE
WHERE  HE  NOTICE  OF  THE LIEN ASSIGNED IS FILED. THE FACTS RELATING TO
SUCH AN ASSIGNMENT AND THE NAMES OF THE ASSIGNEE SHALL BE ENTERED BY THE
PROPER OFFICER IN THE BOOK WHERE THE NOTICE OF LIEN IS ENTERED AND OPPO-
SITE  THE  ENTRY  THEREOF. UNLESS SUCH ASSIGNMENT IS FILED, THE ASSIGNEE
NEED NOT BE MADE A DEFENDANT IN AN ACTION TO FORECLOSE A MORTGAGE,  LIEN
OR  OTHER ENCUMBRANCE. A PAYMENT MADE BY THE EMPLOYER OR BY HIS AGENT TO
THE ORIGINAL LIENOR, ON ACCOUNT OF SUCH LIEN,  WITHOUT  NOTICE  OF  SUCH
ASSIGNMENT  AND  BEFORE  THE  SAME  IS FILED, SHALL BE VALID AND OF FULL
FORCE AND EFFECT. EXCEPT AS PRESCRIBED IN THIS SUBDIVISION, THE VALIDITY
OF AN ASSIGNMENT OF A LIEN SHALL NOT BE AFFECTED BY A  FAILURE  TO  FILE
THE SAME.
  7. A LIEN UNDER SUBDIVISION ONE OF THIS SECTION UPON REAL PROPERTY MAY
BE DISCHARGED AS FOLLOWS:
  (A)  BY THE CERTIFICATE OF THE LIENOR, DULY ACKNOWLEDGED OR PROVED AND
FILED IN THE OFFICE WHERE THE NOTICE OF LIEN IS FILED, STATING THAT  THE
LIEN  IS SATISFIED OR RELEASED AS TO THE WHOLE OR A PORTION OF THE PROP-
ERTY AFFECTED THEREBY AND MAY BE DISCHARGED IN WHOLE OR IN PART,  SPECI-
FYING  THE  PART.  UPON FILING SUCH CERTIFICATE, THE COUNTY CLERK IN THE
OFFICE WHERE THE SAME IS FILED, SHALL NOTE THE FACT OF  SUCH  FILING  IN
THE  "LIEN  DOCKET"  IN THE COLUMN HEADED "PROCEEDINGS HAD" OPPOSITE THE
DOCKET OF SUCH LIEN;
  (B) BY A FAILURE TO BRING AN ACTION TO ENFORCE  THE  SAME  WITHIN  THE
TIME PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION;
  (C)  BY  ORDER  OF THE COURT VACATING OR CANCELING SUCH LIEN OF RECORD
FOR NEGLECT OF THE LIENOR TO PROSECUTE THE SAME. BEFORE SUCH ORDER SHALL
BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER  PERSONALLY
OR  BY  LEAVING  IT  AT HIS OR HER LAST KNOWN PLACE OF RESIDENCE, WITH A
PERSON OF SUITABLE AGE, WITH DIRECTIONS TO DELIVER  IT  TO  THE  LIENOR.
SUCH  NOTICE  SHALL  REQUIRE THE LIENOR TO COMMENCE AN ACTION TO ENFORCE
THE LIEN, WITHIN A TIME SPECIFIED IN THE NOTICE, NOT  LESS  THAN  THIRTY
DAYS  FROM  THE  TIME  OF  SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A
COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY
IS SITUATED, AT A TIME AND PLACE SPECIFIED THEREIN, WHY  THE  NOTICE  OF
LIEN  FILED  SHOULD  NOT BE VACATED AND CANCELLED, PROOF OF SUCH SERVICE
AND THAT THE LIENOR HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN,
AS DIRECTED IN THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT  THE  TIME  OF
APPLYING FOR SUCH ORDER;
  (D) BY THE EMPLOYER EXECUTING A BOND OR UNDERTAKING IN AN AMOUNT EQUAL
TO  TWO  HUNDRED PERCENT OF SUCH LIEN CONDITIONED FOR THE PAYMENT OF ANY
JUDGMENT WHICH MAY BE RENDERED AGAINST THE PROPERTY FOR THE  ENFORCEMENT
OF THE LIEN:
  (I)  THE  EXECUTION OF ANY SUCH BOND OR UNDERTAKING BY ANY FIDELITY OR
SURETY COMPANY AUTHORIZED BY THE LAWS OF THIS STATE  TO  TRANSACT  BUSI-
NESS,  SHALL BE SUFFICIENT; AND WHERE A CERTIFICATE OF QUALIFICATION HAS
BEEN ISSUED BY THE SUPERINTENDENT OF INSURANCE UNDER THE  PROVISIONS  OF
SECTION  ONE  THOUSAND  ONE HUNDRED ELEVEN OF THE INSURANCE LAW, AND HAS
NOT BEEN REVOKED, NO JUSTIFICATION OR NOTICE THEREOF SHALL BE NECESSARY.
ANY SUCH COMPANY MAY EXECUTE ANY SUCH BOND OR UNDERTAKING AS  SURETY  BY
THE HAND OF ITS OFFICERS, OR ATTORNEY, DULY AUTHORIZED THERETO BY RESOL-
UTION  OF  ITS BOARD OF DIRECTORS, A CERTIFIED COPY OF WHICH RESOLUTION,
UNDER THE SEAL OF SAID COMPANY, SHALL BE FILED WITH EACH BOND OR  UNDER-
TAKING.  ANY  SUCH  BOND OR UNDERTAKING SHALL BE FILED WITH THE CLERK OF
THE COUNTY IN WHICH THE NOTICE OF LIEN IS FILED, AND  A  COPY  SHALL  BE
SERVED  UPON  THE  ADVERSE  PARTY.  THE UNDERTAKING IS EFFECTIVE WHEN SO

S. 7050                            19

SERVED AND FILED. IF A CERTIFICATE OF QUALIFICATION ISSUED  PURSUANT  TO
SUBSECTIONS  (B), (C) AND (D) OF SECTION ONE THOUSAND ONE HUNDRED ELEVEN
OF THE INSURANCE LAW IS NOT FILED WITH  THE  UNDERTAKING,  A  PARTY  MAY
EXCEPT, TO THE SUFFICIENCY OF A SURETY AND BY A WRITTEN NOTICE OF EXCEP-
TION SERVED UPON THE ADVERSE PARTY WITHIN TEN DAYS AFTER RECEIPT, A COPY
OF  THE  UNDERTAKING.  EXCEPTIONS DEEMED BY THE COURT TO HAVE BEEN TAKEN
UNNECESSARILY, OR FOR VEXATION OR DELAY, MAY, UPON NOTICE, BE SET ASIDE,
WITH COSTS. WHERE NO EXCEPTION TO SURETIES IS TAKEN WITHIN TEN  DAYS  OR
WHERE EXCEPTIONS TAKEN ARE SET ASIDE, THE UNDERTAKINGS SHALL BE ALLOWED.
  (II)  IN  THE  CASE  OF BONDS OR UNDERTAKINGS NOT EXECUTED PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE EMPLOYER SHALL EXECUTE AN UNDER-
TAKING WITH TWO OR MORE SUFFICIENT SURETIES, WHO SHALL BE FREE  HOLDERS,
TO  THE CLERK OF THE COUNTY WHERE THE PROPERTY IS SITUATED. THE SURETIES
MUST TOGETHER JUSTIFY IN AT LEAST DOUBLE THE SUM NAMED IN THE  UNDERTAK-
ING.  A  COPY  OF  THE  UNDERTAKING,  WITH NOTICE THAT THE SURETIES WILL
JUSTIFY BEFORE THE COURT, OR A JUDGE OR JUSTICE THEREOF, AT THE TIME AND
PLACE THEREIN MENTIONED, MUST BE SERVED UPON THE LIENOR OR  HIS  OR  HER
ATTORNEY, NOT LESS THAN FIVE DAYS BEFORE SUCH TIME. UPON THE APPROVAL OF
THE UNDERTAKING BY THE COURT, JUDGE OR JUSTICE AN ORDER SHALL BE MADE BY
SUCH COURT, JUDGE OR JUSTICE DISCHARGING SUCH LIEN.
  (III)  IF  THE LIENOR CANNOT BE FOUND, OR DOES NOT APPEAR BY ATTORNEY,
SERVICE MAY BE MADE BY LEAVING A COPY OF SUCH UNDERTAKING AND NOTICE  AT
THE  LIENOR'S  PLACE  OF RESIDENCE, OR IF A CORPORATION AT ITS PRINCIPAL
PLACE OF BUSINESS WITHIN THE STATE AS STATED IN THE NOTICE OF LIEN, WITH
A PERSON OF SUITABLE AGE AND DISCRETION THEREIN, OR IF THE HOUSE OF  HIS
ABODE  OR ITS PLACE OF BUSINESS IS NOT STATED IN SAID NOTICE OF LIEN AND
IS NOT KNOWN, THEN IN SUCH MANNER AS THE COURT MAY DIRECT. THE PREMISES,
IF ANY, DESCRIBED IN THE NOTICE OF LIEN AS  THE  LIENOR'S  RESIDENCE  OR
PLACE OF BUSINESS SHALL BE DEEMED TO BE HIS OR HER SAID RESIDENCE OR ITS
PLACE  OF BUSINESS FOR THE PURPOSES OF SAID SERVICE AT THE TIME THEREOF,
UNLESS IT IS SHOWN AFFIRMATIVELY THAT THE PERSON SERVICING THE PAPERS OR
DIRECTING THE SERVICE HAD KNOWLEDGE TO THE  CONTRARY.    NOTWITHSTANDING
THE  OTHER PROVISIONS OF THIS SUBDIVISION RELATING TO SERVICE OF NOTICE,
IN ANY CASE WHERE THE MAILING ADDRESS OF THE LIENOR IS OUTSIDE THE STATE
SUCH SERVICE MAY BE MADE BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO SUCH LIENOR AT THE MAILING ADDRESS CONTAINED IN THE NOTICE
OF LIEN.
  (IV) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, THE  PROVISIONS
OF  ARTICLE  TWENTY-FIVE  OF THE CIVIL PRACTICE LAW AND RULES REGULATING
UNDERTAKINGS ARE APPLICABLE TO A  BOND  OR  UNDERTAKING  GIVEN  FOR  THE
DISCHARGE OF A LIEN UNDER THIS SUBDIVISION.
  (V)  A  BOND GIVEN TO DISCHARGE A LIEN FILED UPON REAL PROPERTY MAY BE
VACATED AND CANCELLED BY AN ORDER OF A  COURT  OF  RECORD.  BEFORE  SUCH
ORDER SHALL BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER
PERSONALLY OR BY LEAVING IT AT HIS LAST KNOWN PLACE OF RESIDENCE, WITH A
PERSON  OF  SUITABLE  AGE,  WITH DIRECTIONS TO DELIVER IT TO THE LIENOR.
SUCH NOTICE SHALL REQUIRE THE LIENOR TO COMMENCE AN  ACTION  TO  ENFORCE
THE  LIEN,  WITHIN  A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN THIRTY
DAYS FROM THE TIME OF SERVICE, OR SHOW CAUSE AT  A  SPECIAL  TERM  OF  A
COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY
IS  SITUATED,  AT A TIME AND PLACE SPECIFIED THEREIN, WHY THE BOND GIVEN
SHOULD NOT BE VACATED AND CANCELLED. PROOF OF SUCH SERVICE AND THAT  THE
LIENOR  HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN, AS DIRECTED
IN THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT THE TIME OF  APPLYING  FOR
SUCH ORDER;

S. 7050                            20

  (E)  UPON  FILING  IN  THE OFFICE OF THE CLERK OF THE COUNTY WHERE THE
PROPERTY IS SITUATED, A TRANSCRIPT OF A JUDGMENT OF A COURT OF COMPETENT
JURISDICTION, TOGETHER WITH DUE PROOF OF SERVICE OF DUE NOTICE OF  ENTRY
THEREOF,  SHOWING  A  FINAL  DETERMINATION OF THE ACTION IN FAVOR OF THE
OWNER OF THE PROPERTY AGAINST WHICH THE LIEN WAS CLAIMED;
  (F)  WHERE  IT  APPEARS  FROM  THE FACE OF THE NOTICE OF LIEN THAT THE
CLAIMANT HAS NO VALID LIEN BY REASON  OF  FAILURE  TO  COMPLY  WITH  THE
PROVISIONS  OF THIS SECTION, OR WHERE IT APPEARS FROM THE PUBLIC RECORDS
THAT SUCH NOTICE HAS NOT BEEN FILED IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION, THE PROPERTY OWNER OR ANY OTHER  PARTY  IN  INTEREST,  MAY
APPLY  TO THE SUPREME COURT OF THIS STATE, OR TO ANY JUSTICE THEREOF, OR
TO THE COUNTY JUDGE OF THE COUNTY IN WHICH THE NOTICE OF LIEN IS  FILED,
FOR AN ORDER SUMMARILY DISCHARGING OF RECORD THE ALLEGED LIEN. A COPY OF
THE  PAPERS  UPON  WHICH APPLICATION WILL BE MADE TOGETHER WITH A NOTICE
SETTING FORTH THE COURT OR THE JUSTICE THEREOF OR THE JUDGE TO WHOM  THE
APPLICATION  WILL  BE MADE AT A TIME AND PLACE THEREIN MENTIONED MUST BE
SERVED UPON THE LIENOR NOT LESS THAN FIVE DAYS BEFORE SUCH TIME.  IF THE
LIENOR CAN NOT BE FOUND, SUCH SERVICE MAY BE MADE AS THE COURT,  JUSTICE
OR  JUDGE MAY DIRECT. THE APPLICATION MUST BE MADE UPON A VERIFIED PETI-
TION ACCOMPANIED BY OTHER WRITTEN PROOF SHOWING A PROPER CASE  THEREFOR,
AND UPON THE APPROVAL OF THE APPLICATION BY THE COURT, JUSTICE OR JUDGE,
AN ORDER SHALL BE MADE DISCHARGING THE ALLEGED LIEN OF RECORD; AND
  (G)  AT ANY TIME BEFORE AN ACTION IS COMMENCED TO FORECLOSE SUCH LIEN,
BY DEPOSITING WITH THE COUNTY CLERK, IN WHOSE OFFICE THE NOTICE OF  LIEN
IS  FILED,  A  SUM  OF MONEY EQUAL TO THE AMOUNT CLAIMED IN SUCH NOTICE,
WITH INTEREST TO THE TIME OF SUCH DEPOSIT. AFTER SUCH  DEPOSIT  IS  MADE
AND  THE  LIEN  IS  DISCHARGED THE COUNTY TREASURER OR ANY OTHER OFFICER
WITH WHOM THE MONEY IS DEPOSITED SHALL, WITHIN TEN DAYS THEREAFTER, SEND
A NOTICE BY MAIL TO THE LIENOR, AT THE ADDRESS GIVEN IN THE  LIEN,  THAT
SUCH  LIEN HAS BEEN DISCHARGED BY DEPOSIT. AFTER ACTION TO FORECLOSE THE
LIEN IS COMMENCED IT MAY BE DISCHARGED BY A PAYMENT INTO COURT  OF  SUCH
SUM  OF  MONEY,  AS,  IN THE JUDGMENT OF THE COURT OR A JUDGE OR JUSTICE
THEREOF, AFTER AT LEAST FIVE DAYS' NOTICE TO  ALL  THE  PARTIES  TO  THE
ACTION, WILL BE SUFFICIENT TO PAY ANY JUDGMENT WHICH MAY BE RECOVERED IN
SUCH  ACTION.  UPON  ANY  SUCH PAYMENT, THE COUNTY CLERK SHALL FORTHWITH
ENTER UPON THE LIEN DOCKET AND AGAINST THE LIEN  FOR  THE  DISCHARGE  OF
WHICH  SUCH  MONEYS  WERE  PAID,  THE WORDS "DISCHARGED BY PAYMENT."   A
DEPOSIT OF MONEY MADE AS PRESCRIBED IN THIS SECTION SHALL BE  REPAID  TO
THE  PARTY  MAKING  THE  DEPOSIT,  OR  HIS  OR  HER  SUCCESSOR, UPON THE
DISCHARGE OF THE LIENS AGAINST THE PROPERTY PURSUANT TO LAW. ALL  DEPOS-
ITS  OF  MONEY  MADE  AS PROVIDED IN THIS SECTION SHALL BE CONSIDERED AS
PAID INTO COURT AND SHALL BE SUBJECT TO THE PROVISIONS OF  LAW  RELATIVE
TO  THE  PAYMENT  OF MONEY INTO COURT AND THE SURRENDER OF SUCH MONEY BY
ORDER OF THE COURT. AN ORDER FOR THE SURRENDER OF  SUCH  MONEYS  TO  THE
LIENOR  OR DEPOSITOR MAY BE MADE BY ANY COURT OF RECORD HAVING JURISDIC-
TION OF THE PARTIES. IF NO ACTION IS BROUGHT IN A  COURT  OF  RECORD  TO
ENFORCE  SUCH  LIEN,  SUCH  ORDER MAY BE MADE BY ANY JUDGE OF A COURT OF
RECORD. IF APPLICATION FOR SUCH ORDER IS MADE BY LIENOR IT SHALL  BE  ON
NOTICE  TO THE DEPOSITOR; IF MADE BY THE DEPOSITOR THAN ON NOTICE TO THE
LIENOR.
  A DEPOSIT MADE TO DISCHARGE A LIEN PURSUANT TO  THIS  SECTION  MAY  BE
RETURNED  BY  AN  ORDER OF A COURT OF RECORD. BEFORE SUCH ORDER SHALL BE
GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER PERSONALLY  OR
BY LEAVING IT AT HIS OR HER LAST KNOWN PLACE OF RESIDENCE, WITH A PERSON
OF  SUITABLE  AGE,  WITH  DIRECTIONS  TO  DELIVER IT TO THE LIENOR. SUCH
NOTICE SHALL REQUIRE THE LIENOR TO COMMENCE AN  ACTION  TO  ENFORCE  THE

S. 7050                            21

LIEN,  WITHIN  A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN THIRTY DAYS
FROM THE TIME OF SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A COURT  OF
RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY IS SITU-
ATED,  AT A TIME AND PLACE SPECIFIED THEREIN, WHY THE DEPOSIT SHOULD NOT
BE RETURNED. PROOF OF SUCH SERVICE AND THAT THE LIENOR HAS NOT COMMENCED
THE ACTION TO FORECLOSE SUCH LIEN, AS DIRECTED IN THE NOTICE,  SHALL  BE
MADE BY AFFIDAVIT, AT THE TIME OF APPLYING FOR SUCH ORDER.
  8. A LIEN UNDER SUBDIVISION ONE OF THIS SECTION UPON PERSONAL PROPERTY
MAY BE DISCHARGED AS FOLLOWS:
  (A) BY A PAYMENT OF THE AMOUNT DUE THEREON;
  (B)  BY  A  FAILURE  TO BRING AN ACTION TO ENFORCE THE SAME WITHIN THE
TIME PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION;
  (C) BY THE WRITTEN CONSENT OF THE LIENOR, DULY ACKNOWLEDGED AND  FILED
WITH  THE PROPER OFFICER TO THE EFFECT THAT SUCH LIEN MAY BE DISCHARGED;
AND
  (D) BY THE EMPLOYER FILING WITH THE PROPER OFFICER AN  UNDERTAKING  IN
AN  AMOUNT  EQUAL  TO  TWICE  THE  SUM  SPECIFIED IN THE NOTICE OF LIEN,
EXECUTED BY ONE OR MORE SURETIES WHO SHALL JUSTIFY IN  SUCH  AMOUNT  AND
APPROVED  BY  THE  OFFICER WITH WHOM THE NOTICE OF LIEN IS FILED, CONDI-
TIONED FOR THE PAYMENT OF THE SUM DUE SUCH LIENOR,  BY  REASON  OF  SUCH
LIEN, AND THE COST AND EXPENSES OF ENFORCING THE SAME.
  S  16.  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
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 ITS BASIS, 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  LAW  OR  REGULATION,  THE  PAYROLL RECORDS MUST
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. FOR ALL EMPLOYEES PAID BY
COMMISSION, THE PAYROLL RECORDS SHALL INCLUDE THE  BASIS  ON  WHICH  THE
COMMISSION  IS  CALCULATED. ON demand, THE EMPLOYER SHALL furnish to the
commissioner or his duly authorized representative a sworn statement  of
the  [same]  HOURS  WORKED,  RATE OR RATES OF PAY AND ITS BASIS, WHETHER
PAID BY THE HOUR, SHIFT, DAY, WEEK, SALARY, 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 author-
ized representative at any reasonable time. Every employer of an employ-
ee shall keep a digest and summary of this article  or  applicable  wage
order, which shall be prepared by the commissioner, posted in a conspic-
uous  place  in  his establishment and shall also keep posted such addi-
tional copies of said digest and summary as the commissioner prescribes.
Employers shall, on request, be furnished with copies  of  this  article

S. 7050                            22

and  of  orders,  and  of digests and summaries thereof, without charge.
Employers shall permit the commissioner or his duly authorized represen-
tative to question WITHOUT INTERFERENCE 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 17. 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.    (A)  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 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.
  (B) EVERY EMPLOYER WHO FAILS TO PAY  THE  WAGES  OF  ALL  HIS  OR  HER
EMPLOYEES  IN  ACCORDANCE  WITH  THE PROVISIONS OF THIS ARTICLE, AND THE
OFFICERS AND AGENTS OF ANY CORPORATION, PARTNERSHIP, OR LIMITED  LIABIL-
ITY COMPANY WHO KNOWINGLY PERMIT THE CORPORATION, PARTNERSHIP, OR LIMIT-
ED LIABILITY COMPANY TO VIOLATE THIS ARTICLE BY FAILING TO PAY THE WAGES
OF ANY OF ITS EMPLOYEES IN ACCORDANCE WITH THE PROVISIONS THEREOF, AND:
  (I)  SUCH  FAILURE  RESULTS  IN  UNDERPAYMENTS, WHICH IN THE AGGREGATE
AMOUNT TO ALL WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS  IN  AN  AMOUNT
GREATER  THAN TWENTY-FIVE THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS E
FELONY AND UPON CONVICTION THEREFOR SHALL BE FINED NOT  LESS  THAN  HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN FOUR YEARS;
  (II)  SUCH  FAILURE  RESULTS  IN UNDERPAYMENTS, WHICH IN THE AGGREGATE
AMOUNT TO ALL WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS  IN  AN  AMOUNT
GREATER  THAN ONE HUNDRED THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS D
FELONY AND UPON CONVICTION THEREFOR SHALL BE FINED NOT  LESS  THAN  HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN SEVEN YEARS;
  (III)  SUCH  FAILURE  RESULTS IN UNDERPAYMENTS, WHICH IN THE AGGREGATE
AMOUNT TO ALL WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS  IN  AN  AMOUNT
GREATER THAN FIVE HUNDRED THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS C

S. 7050                            23

FELONY  AND  UPON  CONVICTION THEREFOR SHALL BE FINED NOT LESS THAN HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN FIFTEEN YEARS.
  [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 18. 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] TWO HUNDRED percent
of the total of such underpayments found to be  due  [the  employee  and
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-

S. 7050                            24

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 LESS THAN FIFTY PERCENT AND NO MORE
THAN TWO 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 TWO 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 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. CLASS ACTION. ANY DAMAGES RECOVERABLE PURSUANT TO THIS SECTION  MAY
BE RECOVERED IN ANY ACTION THAT A COURT MAY AUTHORIZE TO BE BROUGHT AS A
CLASS  ACTION.    SUBDIVISION B OF SECTION NINE HUNDRED ONE OF THE CIVIL
PRACTICE LAW AND RULES SHALL NOT PRECLUDE AN AWARD OF LIQUIDATED DAMAGES
UNDER THIS ARTICLE ON A CLASSWIDE BASIS.
  5. NO WAIVER. NO RIGHTS OR REMEDIES UNDER THIS ARTICLE MAY  BE  WAIVED
OR  RELEASED  EXCEPT  BY  COURT ORDER. A COURT OF COMPETENT JURISDICTION
SHALL NOT APPROVE SUCH WAIVER OR RELEASE UNLESS IT REPRESENTS A FAIR AND
EQUITABLE SETTLEMENT OF A BONA FIDE DISPUTE.
  6. FAILURE TO PROVIDE NOTICE.  WHERE  AN  EMPLOYER  FAILS  TO  PROVIDE
NOTICE  TO  AN  EMPLOYEE OF ALLOWANCES, IF ANY, TO BE CLAIMED AS PART OF
THE MINIMUM WAGE; MAINTAIN CONTEMPORANEOUS RECORDS OF ALLOWANCES CLAIMED
AS PART OF THE MINIMUM WAGE;  OR  PROVIDE  STATEMENTS  OF  WAGES  TO  AN
EMPLOYEE REFLECTING ALLOWANCES CLAIMED AS PART OF THE MINIMUM WAGE, WHEN
AND  AS REQUIRED UNDER THIS ARTICLE OR ARTICLE SIX OF THIS CHAPTER, SUCH
EMPLOYER SHALL BE BARRED FROM TAKING ANY ALLOWANCES OTHERWISE  PERMITTED
BY THIS CHAPTER, INCLUDING TIP, MEAL, OR LODGING ALLOWANCES.
  WHERE AN EMPLOYER FAILS TO PROVIDE NOTICE TO AN EMPLOYEE OF HIS OR HER
REGULAR  OR  OVERTIME  RATE  OR  RATES  OF PAY; MAINTAIN CONTEMPORANEOUS
RECORDS OF AN EMPLOYEE'S REGULAR OR OVERTIME RATE OR RATES  OF  PAY;  OR
PROVIDE  STATEMENTS  OF  WAGES  TO  AN EMPLOYEE OF HIS OR HER REGULAR OR
OVERTIME RATE OR RATES OF PAY, WHEN AND AS REQUIRED UNDER  THIS  ARTICLE
OR  ARTICLE  SIX OF THIS CHAPTER, SUCH EMPLOYEE'S REGULAR HOURLY RATE OF
PAY SHALL BE CALCULATED BY DIVIDING THE EMPLOYEE'S TOTAL WEEKLY WAGES BY
THE LESSER OF FORTY HOURS OR THE ACTUAL NUMBER OF HOURS WORKED  BY  SUCH
EMPLOYEE DURING THE WORK WEEK.
  WHERE  AN  EMPLOYER  HAS  FAILED  TO  MAINTAIN  ACCURATE, COMPLETE AND
CONTEMPORANEOUS RECORDS WHEN AND AS REQUIRED UNDER THIS ARTICLE OR ARTI-
CLE SIX OF THIS CHAPTER OF HOURS WORKED BY AN EMPLOYEE, WAGES PAID TO AN
EMPLOYEE, OR ALLOWANCES CLAIMED BY SUCH EMPLOYER AS PART OF THE  MINIMUM
WAGE,  THE  EMPLOYEE'S  CREDIBLE TESTIMONY OF SAME SHALL FORM THE PROPER
BASIS OF THE CALCULATION OF  UNPAID  WAGES  OWED  SUCH  EMPLOYEE  ABSENT
SPECIFIC,  DETAILED  AND  CREDIBLE  REBUTTAL  EVIDENCE  PROFFERED BY THE
EMPLOYER.

S. 7050                            25

  7. COURT AUTHORITY.   ANY COURT WITH  COMPETENT  JURISDICTION  OVER  A
CIVIL  ACTION  BROUGHT  UNDER  THIS  SECTION,  IN  ADDITION TO ALL OTHER
AUTHORITY, SHALL ALSO HAVE THE DISCRETION  AND  AUTHORITY  TO  TAKE  ALL
REASONABLE  MEASURES,  PRIOR  TO THE GRANTING OF A JUDGMENT, TO IDENTIFY
AND  PRESERVE THE EMPLOYER'S ASSETS THAT MAY BE NECESSARY TO SATISFY THE
POTENTIAL JUDGMENT IN SUCH ACTION, INCLUDING SUCH AMOUNT TO  SATISFY  AN
AWARD OF REASONABLE ATTORNEYS' FEES AND COSTS.
  (A)  SUCH  REASONABLE MEASURES MAY INCLUDE: (I) REQUIRING THE EMPLOYER
TO GIVE AN ACCOUNTING OF ITS ASSETS TO THE  COURT;  (II)  ENJOINING  THE
CONVEYANCE  OF  ASSETS;  (III)  PLACING ASSETS IN ESCROW; (IV) ATTACHING
ASSETS; (V) PLACING ASSETS IN RECEIVERSHIP; AND (VI) ALL OTHER RELIEF AS
MAY REASONABLY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER.
  (B) A COURT EXERCISING ITS AUTHORITY UNDER  THIS  SECTION  SHALL  HAVE
DISCRETION  TO: (I) BALANCE THE LIKELIHOOD OF SUCCESS ON THE MERITS WITH
THE POTENTIAL HARM TO DEFENDANTS IF SUCH EQUITABLE  RELIEF  IS  GRANTED;
AND  (II)  WAIVE ANY OTHERWISE-APPLICABLE REQUIREMENTS TO POST A BOND IF
SUCH BOND WOULD CAUSE UNDUE HARDSHIP ON THE PARTY SEEKING TO INVOKE  THE
COURT'S EQUITABLE POWERS UNDER THIS SECTION.
  8.  ATTORNEYS'  FEE.    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 IN ADDITION TO  AN  ADDITIONAL  THIRTY  PERCENT  DAMAGES  UPON  ANY
AMOUNTS  FOUND  DUE  AND  OWING AT THE EXPIRATION OF NINETY DAYS AFTER A
COURT JUDGMENT BECOMES FINAL AND INELIGIBLE FOR APPEAL.
  S 19. This act shall take effect immediately.

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

                                 7050--A

                            I N  S E N A T E

                              March 9, 2010
                               ___________

Introduced  by  Sens.  SAVINO,  ADDABBO,  BRESLIN, DILAN, DUANE, ESPADA,
  FOLEY, HASSELL-THOMPSON, HUNTLEY,  KRUEGER,  MONTGOMERY,  OPPENHEIMER,
  PARKER,  PERALTA,  PERKINS,  SAMPSON, SCHNEIDERMAN, SERRANO, SQUADRON,
  STAVISKY, STEWART-COUSINS, THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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

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

                                                           LBD16308-12-0

S. 7050--A                          2

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
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 SEVEN
LANGUAGES TO PROVIDE, 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 COMMISSIONER;
  (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;
  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. FOR ALL EMPLOYEES
PAID  BY  COMMISSION, THE STATEMENT SHALL INCLUDE THE BASIS ON WHICH THE
COMMISSION IS CALCULATED. 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

S. 7050--A                          3

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.
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. FOR ALL EMPLOYEES PAID BY
COMMISSION, THE STATEMENT SHALL INCLUDE THE BASIS ON WHICH  THE  COMMIS-
SION IS CALCULATED;
  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] CHAP-
TER.
  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] 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

S. 7050--A                          4

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
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 LESS THAN FIVE THOUSAND DOLLARS AND NO MORE THAN
TEN THOUSAND DOLLARS.
  ANY COURT WITH COMPETENT JURISDICTION OVER  AN  ACTION  BROUGHT  UNDER
THIS  SECTION,  IN  ADDITION TO ALL OTHER AUTHORITY, SHALL ALSO HAVE THE
DISCRETION AND AUTHORITY TO TAKE ALL REASONABLE MEASURES TO IDENTIFY AND
PRESERVE THE EMPLOYER'S ASSETS THAT MAY  BE  NECESSARY  TO  SATISFY  ANY
ORDER TO COMPLY OR JUDGMENT.
  SUCH  REASONABLE  MEASURES  MAY INCLUDE: (I) REQUIRING THE EMPLOYER TO
GIVE AN ACCOUNTING OF ITS  ASSETS  TO  THE  COURT;  (II)  ENJOINING  THE
CONVEYANCE  OF  ASSETS;  (III)  PLACING ASSETS IN ESCROW; (IV) ATTACHING
ASSETS; (V) PLACING ASSETS IN RECEIVERSHIP; AND (VI) ALL OTHER RELIEF AS
MAY REASONABLY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER.
  A COURT EXERCISING ITS AUTHORITY UNDER THIS SECTION: (I) MUST  BALANCE
THE  LIKELIHOOD  OF  SUCCESS  ON  THE  MERITS WITH THE POTENTIAL HARM TO
DEFENDANTS IF SUCH EQUITABLE RELIEF IS GRANTED; AND (II) MAY  WAIVE  ANY
OTHERWISE  APPLICABLE  REQUIREMENTS TO POST A BOND ONLY IF IT SHALL FIND
THAT POSTING OF SUCH BOND WOULD CAUSE UNDUE HARDSHIP ON THE PARTY  SEEK-
ING TO INVOKE THE COURT'S EQUITABLE POWERS UNDER THIS SECTION.
  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

S. 7050--A                          5

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,
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 CHAPTER, in addition to exposing such employer to penalties author-
ized under subdivision one of section two hundred eighteen of this chap-
ter, 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 prov-
ing that the complaining employee was  paid  wages,  benefits  and  wage
supplements.
  (b)  WHERE  AN  EMPLOYER  FAILS TO MAINTAIN CONTEMPORANEOUS RECORDS OF
ALLOWANCES CLAIMED, AS REQUIRED UNDER SUBDIVISION FOUR  OF  SECTION  ONE
HUNDRED  NINETY-FIVE  OF THIS ARTICLE OR ARTICLES NINETEEN OR NINETEEN-A
OF THIS CHAPTER, OR PROVIDE STATEMENTS OF WAGES TO AN EMPLOYEE  REFLECT-
ING  ALLOWANCES  CLAIMED, AS REQUIRED UNDER SUBDIVISION THREE OF SECTION
ONE HUNDRED NINETY-FIVE OF THIS ARTICLE OR ARTICLES  NINETEEN  OR  NINE-
TEEN-A  OF  THIS CHAPTER, THAT EMPLOYER SHALL BE BARRED FROM TAKING SUCH
ALLOWANCES.
  (C) 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

S. 7050--A                          6

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
its underpayment of wages was in compliance with the  law.    LIQUIDATED
DAMAGES  SHALL  BE  CALCULATED BY THE COMMISSIONER AS NO LESS THAN FIFTY
PERCENT AND NO MORE THAN TWO 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 INTER-
EST 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] TWO HUNDRED percent of the  total  amount
of the wages found to be due.
  1-B.    WHERE AN EMPLOYER FAILS TO MAINTAIN CONTEMPORANEOUS RECORDS OF
ALLOWANCES CLAIMED, AS REQUIRED UNDER SUBDIVISION FOUR  OF  SECTION  ONE
HUNDRED  NINETY-FIVE  OF THIS ARTICLE OR ARTICLES NINETEEN OR NINETEEN-A
OF THIS CHAPTER, OR PROVIDE STATEMENTS OF WAGES TO AN EMPLOYEE  REFLECT-
ING  ALLOWANCES  CLAIMED, AS REQUIRED UNDER SUBDIVISION THREE OF SECTION
ONE HUNDRED NINETY-FIVE OF THIS ARTICLE OR ARTICLES  NINETEEN  OR  NINE-
TEEN-A  OF  THIS CHAPTER, THAT EMPLOYER SHALL BE BARRED FROM TAKING SUCH
ALLOWANCES.
  1-C.  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  SHALL
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,

S. 7050--A                          7

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
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. ANY DAMAGES RECOVERABLE PURSUANT TO THIS SECTION MAY  BE  RECOVERED
IN  ANY  ACTION  THAT  A  COURT  MAY  AUTHORIZE TO BE BROUGHT AS A CLASS
ACTION.  SUBDIVISION B OF SECTION NINE HUNDRED ONE OF THE CIVIL PRACTICE
LAW AND RULES SHALL NOT PRECLUDE AN AWARD OF  LIQUIDATED  DAMAGES  UNDER
THIS ARTICLE ON A CLASSWIDE BASIS.
  3. NO RIGHTS OR REMEDIES AVAILABLE UNDER THIS ARTICLE MAY BE WAIVED OR
RELEASED  EXCEPT BY COURT ORDER. A COURT OF COMPETENT JURISDICTION SHALL
NOT APPROVE SUCH WAIVER OR RELEASE UNLESS IT REPRESENTS A FAIR AND EQUI-
TABLE SETTLEMENT OF A BONA FIDE DISPUTE.
  [2.] 4. The remedies provided by this article may be  enforced  simul-
taneously or consecutively so far as not inconsistent with each other.

S. 7050--A                          8

  [3.]  5.  Notwithstanding  any  other  provision  of law, an action to
recover upon a liability imposed by this article must be commenced with-
in six years.  THE STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE  DATE
AN  EMPLOYEE  FILES  A COMPLAINT WITH THE COMMISSIONER 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.
  6. 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.
  7. UPON MOTION BY THE PLAINTIFF, ANY COURT WITH COMPETENT JURISDICTION
OVER A CIVIL ACTION BROUGHT UNDER THIS SECTION, IN ADDITION TO ALL OTHER
AUTHORITY, SHALL ALSO HAVE THE DISCRETION  AND  AUTHORITY  TO  TAKE  ALL
REASONABLE  MEASURES,  PRIOR  TO THE GRANTING OF A JUDGMENT, TO IDENTIFY
AND PRESERVE THE EMPLOYER'S ASSETS THAT MAY BE NECESSARY TO SATISFY  THE
POTENTIAL  JUDGMENT  IN SUCH ACTION, INCLUDING SUCH AMOUNT TO SATISFY AN
AWARD OF REASONABLE ATTORNEYS' FEES AND COSTS.
  A. SUCH REASONABLE MEASURES MAY INCLUDE: (I) REQUIRING THE EMPLOYER TO
GIVE AN ACCOUNTING OF ITS  ASSETS  TO  THE  COURT;  (II)  ENJOINING  THE
CONVEYANCE  OF  ASSETS;  (III)  PLACING ASSETS IN ESCROW; (IV) ATTACHING
ASSETS; (V) PLACING ASSETS IN RECEIVERSHIP AND (VI) ALL OTHER RELIEF  AS
MAY REASONABLY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER.
  B.  A  COURT  EXERCISING  ITS AUTHORITY UNDER THIS SECTION:  (I) SHALL
BALANCE THE LIKELIHOOD OF SUCCESS ON THE MERITS WITH THE POTENTIAL  HARM
TO  DEFENDANTS  IF  SUCH EQUITABLE RELIEF IS GRANTED; AND (II) MAY WAIVE
ANY OTHERWISE-APPLICABLE REQUIREMENTS TO POST A BOND ONLY  IF  IT  SHALL
FIND  THAT  POSTING OF SUCH BOND WOULD CAUSE UNDUE HARDSHIP ON THE PARTY
SEEKING TO INVOKE THE COURT'S EQUITABLE POWERS UNDER THIS SECTION.
  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. (A) 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, PARTNER-
SHIP, OR LIMITED LIABILITY COMPANY who knowingly permit the corporation,
PARTNERSHIP, OR LIMITED LIABILITY COMPANY to  violate  this  chapter  by
failing  to pay the wages of any of its employees in accordance with the
provisions thereof, shall be guilty  of  a  misdemeanor  for  the  first
offense  and  upon conviction therefor shall be fined not less than five
hundred nor more than twenty thousand dollars or imprisoned for not more
than one year, and, in the event that any second or  subsequent  offense
occurs  within  six years of the date of conviction for a prior offense,
shall be guilty of a felony for the second or  subsequent  offense,  and
upon  conviction therefor, shall be fined not less than five hundred nor
more than twenty thousand dollars or imprisoned for not  more  than  one
year  plus  one day, or punished by both such fine and imprisonment, for

S. 7050--A                          9

each such offense.  An indictment of a person or corporation operating a
steam surface railroad for an offense specified in this section  may  be
found  and  tried  in any county within the state in which such railroad
ran at the time of such offense.
  (B)  EVERY EMPLOYER WHO WILLFULLY FAILS TO PAY THE WAGES OF ALL HIS OR
HER EMPLOYEES IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, AND THE
OFFICERS AND AGENTS OF ANY CORPORATION, PARTNERSHIP, OR LIMITED  LIABIL-
ITY COMPANY WHO KNOWINGLY PERMIT THE CORPORATION, PARTNERSHIP, OR LIMIT-
ED LIABILITY COMPANY TO VIOLATE THIS CHAPTER BY FAILING TO PAY THE WAGES
OF  ANY OF ITS EMPLOYEES IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAP-
TER, AND:
  (I) SUCH FAILURE RESULTS IN  UNDERPAYMENTS,  WHICH  IN  THE  AGGREGATE
AMOUNT  TO  ALL  WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS IN AN AMOUNT
GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS E
FELONY AND UPON CONVICTION THEREFOR SHALL BE FINED NOT  LESS  THAN  HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN FOUR YEARS;
  (II)  SUCH  FAILURE  RESULTS  IN UNDERPAYMENTS, WHICH IN THE AGGREGATE
AMOUNT TO ALL WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS  IN  AN  AMOUNT
GREATER  THAN TWO HUNDRED THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS D
FELONY AND UPON CONVICTION THEREFOR SHALL BE FINED NOT  LESS  THAN  HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN SEVEN YEARS; OR
  (III)  SUCH  FAILURE  RESULTS IN UNDERPAYMENTS, WHICH IN THE AGGREGATE
AMOUNT TO ALL WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS  IN  AN  AMOUNT
GREATER THAN FIVE HUNDRED THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS C
FELONY  AND  UPON  CONVICTION THEREFOR SHALL BE FINED NOT LESS THAN HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN FIFTEEN YEARS.
  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-
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]

S. 7050--A                         10

(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 201 of the labor law, as amended by chapter 457  of  the
laws of 1946, is amended to read as follows:
  S 201. Laws and orders to be posted. Wherever persons are employed who
are  affected  by  the  provisions  of this chapter or of the industrial
code, the commissioner shall furnish to the employer copies or abstracts
of such provisions, rules and orders as he may deem necessary  affecting
such  persons.  THE COMMISSIONER SHALL MAKE AVAILABLE COPIES OF ALL SUCH
DOCUMENTS IN ENGLISH AND IN AT LEAST SEVEN ADDITIONAL  LANGUAGES.    THE
COMMISSIONER  SHALL  DETERMINE,  IN  HIS  OR HER DISCRETION, WHICH SEVEN
LANGUAGES TO PROVIDE, BASED ON THE SIZE OF THE NEW YORK STATE POPULATION
THAT SPEAKS EACH LANGUAGE AND ANY OTHER  FACTOR  THAT  THE  COMMISSIONER
SHALL  DEEM RELEVANT. The copies or abstracts [shall be in such language
as the commissioner may require and] shall be kept posted by the employ-
er in a conspicuous place on each floor of the premises.  THE COPIES  OR
ABSTRACTS POSTED BY AN EMPLOYER PURSUANT TO THIS SECTION SHALL BE IN (A)
ENGLISH,  (B) ALL LANGUAGES THAT ARE THE PRIMARY LANGUAGE OF TEN PERCENT
OR MORE OF THE WORKFORCE AT SUCH PREMISES, WHERE A TRANSLATION INTO THAT
LANGUAGE HAS BEEN MADE AVAILABLE BY THE COMMISSIONER AND (C)  ANY  OTHER
LANGUAGE AS THE COMMISSIONER MAY REQUIRE.
  S  11.  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 (ii) BECAUSE SUCH EMPLOYER OR
PERSON  BELIEVES  THAT  SUCH EMPLOYEE HAS MADE A COMPLAINT TO HIS OR HER
EMPLOYER, OR TO THE COMMISSIONER OR  HIS  OR  HER  AUTHORIZED  REPRESEN-
TATIVE,  OR  TO  THE  ATTORNEY  GENERAL, OR TO ANY OTHER PERSON THAT THE
EMPLOYER HAS VIOLATED ANY PROVISION OF THIS CHAPTER,  OR  (III)  because
such  employee  has  caused  to be instituted OR IS ABOUT TO INSTITUTE a
proceeding under or related to this chapter,  or  [(iii)]  (IV)  because

S. 7050--A                         11

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 chapter,  or  [(vi)]
(VII)  because  the  employer has received an adverse determination from
the commissioner involving the employee.
  "EMPLOYEE" FOR PURPOSES OF THIS SECTION SHALL INCLUDE ANY  CURRENT  OR
FORMER 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.
  CONDUCT MADE UNLAWFUL UNDER THIS SECTION INCLUDES CONDUCT THAT RESULTS
IN  AN  ADVERSE CHANGE IN THE TERMS AND CONDITIONS OF EMPLOYMENT AND ANY
ACT OR ACTS REASONABLY LIKELY TO DETER AN EMPLOYEE FROM ENGAGING IN  ANY
ACTIVITY  PROTECTED  IN  SUBPARAGRAPHS (I), (II), (III), (IV), (V), (VI)
AND (VII) OF THIS PARAGRAPH.
  (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
COMMISSIONER SHALL ALSO order [the employer to  pay  lost  compensation]
ALL  APPROPRIATE 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 WITH RESTORATION OF SENIORITY,
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.  IN
THE  CASE  OF  DISCHARGE  COMMITTED  BY AN EMPLOYER IN VIOLATION OF THIS
SECTION, LIQUIDATED DAMAGES SHALL BE SET AT TEN  THOUSAND  DOLLARS.  THE
COMMISSIONER  SHALL AWARD LIQUIDATED DAMAGES TO EVERY EMPLOYEE AGGRIEVED
UNDER THIS SECTION, IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY  THIS
SECTION, TO DETER FUTURE VIOLATIONS.
  (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.  IN  THE
CASE OF DISCHARGE COMMITTED BY AN EMPLOYER IN VIOLATION OF THIS SECTION,

S. 7050--A                         12

LIQUIDATED DAMAGES SHALL BE SET AT 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, TO DETER
FUTURE  VIOLATIONS.  THE STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE
DATE AN EMPLOYEE FILES A COMPLAINT WITH THE COMMISSIONER 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.
  (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. UPON MOTION OF THE PLAINTIFF, ANY COURT WITH COMPETENT JURISDICTION
OVER A CIVIL ACTION BROUGHT UNDER THIS SECTION, IN ADDITION TO ALL OTHER
AUTHORITY,  SHALL  ALSO  HAVE  THE  DISCRETION AND AUTHORITY TO TAKE ALL
REASONABLE MEASURES, PRIOR TO THE GRANTING OF A  JUDGMENT,  TO  IDENTIFY
AND PRESERVE THE DEFENDANT'S ASSETS THAT MAY BE NECESSARY TO SATISFY THE
POTENTIAL  JUDGMENT  IN SUCH ACTION, INCLUDING SUCH AMOUNT TO SATISFY AN
AWARD OF REASONABLE ATTORNEYS' FEES AND COSTS.
  (A) SUCH REASONABLE MEASURES MAY INCLUDE: (I) REQUIRING THE  DEFENDANT
TO  GIVE  AN  ACCOUNTING  OF ITS ASSETS TO THE COURT; (II) ENJOINING THE
CONVEYANCE OF ASSETS; (III) PLACING ASSETS  IN  ESCROW;  (IV)  ATTACHING
ASSETS; (V) PLACING ASSETS IN RECEIVERSHIP; AND (VI) ALL OTHER RELIEF AS
MAY REASONABLY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER.
  (B)  A  COURT  EXERCISING ITS AUTHORITY UNDER THIS SECTION:  (I) SHALL
BALANCE THE LIKELIHOOD OF SUCCESS ON THE MERITS WITH THE POTENTIAL  HARM
TO  DEFENDANTS  IF  SUCH EQUITABLE RELIEF IS GRANTED; AND (II) MAY WAIVE
ANY OTHERWISE APPLICABLE REQUIREMENTS TO POST A BOND ONLY  IF  IT  SHALL
FIND  THAT  POSTING OF SUCH BOND WOULD CAUSE UNDUE HARDSHIP ON THE PARTY
SEEKING TO INVOKE THE COURT'S EQUITABLE POWERS UNDER THIS SECTION.
  4. 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
MISDEMEANOR AND UPON CONVICTION THEREFOR SHALL BE FINED  NOT  LESS  THAN
FIVE  HUNDRED  NOR  MORE THAN TEN THOUSAND DOLLARS OR IMPRISONED FOR NOT
MORE THAN ONE YEAR. WHERE ANY PERSON HAS PREVIOUSLY BEEN CONVICTED OF  A
VIOLATION  OF  SUBDIVISION  ONE  OF THIS SECTION WITHIN THE PREVIOUS SIX
YEARS, UPON CONVICTION FOR A SECOND OR SUBSEQUENT  OFFENSE  SUCH  PERSON
SHALL  BE  GUILTY  OF A MISDEMEANOR AND FINED NOT LESS THAN FIVE HUNDRED
NOR MORE THAN TWENTY THOUSAND DOLLARS OR IMPRISONED FOR  NOT  MORE  THAN
ONE YEAR.
  S  12.  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

S. 7050--A                         13

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 TWO 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 TWO 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
amount of wages, supplements or other thing of value unlawfully received
plus  LIQUIDATED  DAMAGES IN THE AMOUNT OF TWO 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

S. 7050--A                         14

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  13.  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
DAMAGES IN THE AMOUNT OF TWO 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

S. 7050--A                         15

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  14.  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  15.  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
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. FOR ALL EMPLOYEES
PAID BY COMMISSION, THE PAYROLL RECORDS SHALL INCLUDE THE BASIS ON WHICH
THE COMMISSION IS CALCULATED. ON demand, THE EMPLOYER SHALL  furnish  to
the commissioner or his duly authorized representative a sworn statement
of  the  [same]  HOURS  WORKED,  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; AND ALLOWANCES, IF ANY, CLAIMED
AS PART OF THE MINIMUM WAGE, FOR EACH EMPLOYEE, PLUS SUCH OTHER INFORMA-
TION  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 reasonable time. Every employer of

S. 7050--A                         16

an  employee shall keep a digest and summary of this article or applica-
ble 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, with-
out charge. Employers shall permit the commissioner or his duly  author-
ized  representative  to  question  WITHOUT INTERFERENCE 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 16. 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.    (A)  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 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.
  (B) EVERY EMPLOYER WHO WILLFULLY FAILS TO PAY THE WAGES OF ALL HIS  OR
HER EMPLOYEES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, AND THE
OFFICERS  AND AGENTS OF ANY CORPORATION, PARTNERSHIP, OR LIMITED LIABIL-
ITY COMPANY WHO KNOWINGLY PERMIT THE CORPORATION, PARTNERSHIP, OR LIMIT-
ED LIABILITY COMPANY TO VIOLATE THIS ARTICLE BY FAILING TO PAY THE WAGES
OF ANY OF ITS EMPLOYEES IN ACCORDANCE WITH THE PROVISIONS THEREOF, AND:
  (I) SUCH FAILURE RESULTS IN  UNDERPAYMENTS,  WHICH  IN  THE  AGGREGATE
AMOUNT  TO  ALL  WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS IN AN AMOUNT
GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS E
FELONY AND UPON CONVICTION THEREFOR SHALL BE FINED NOT  LESS  THAN  HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN FOUR YEARS;
  (II)  SUCH  FAILURE  RESULTS  IN UNDERPAYMENTS, WHICH IN THE AGGREGATE
AMOUNT TO ALL WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS  IN  AN  AMOUNT
GREATER  THAN TWO HUNDRED THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS D
FELONY AND UPON CONVICTION THEREFOR SHALL BE FINED NOT  LESS  THAN  HALF

S. 7050--A                         17

THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN SEVEN YEARS;
  (III)  SUCH  FAILURE  RESULTS IN UNDERPAYMENTS, WHICH IN THE AGGREGATE
AMOUNT TO ALL WORKERS EMPLOYED BY SUCH EMPLOYER, RESULTS  IN  AN  AMOUNT
GREATER THAN FIVE HUNDRED THOUSAND DOLLARS, SHALL BE GUILTY OF A CLASS C
FELONY  AND  UPON  CONVICTION THEREFOR SHALL BE FINED NOT LESS THAN HALF
THE AMOUNT OF THE TOTAL UNDERPAYMENT NOR MORE THAN TWICE SUCH AMOUNT, OR
IMPRISONED FOR NOT MORE THAN FIFTEEN YEARS.
  [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  17.  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] TWO HUNDRED  percent
of  the  total  of  such underpayments found to be due [the employee and

S. 7050--A                         18

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 LESS THAN FIFTY PERCENT AND NO MORE
THAN  TWO  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 TWO 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  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.  CLASS ACTION. ANY DAMAGES RECOVERABLE PURSUANT TO THIS SECTION MAY
BE RECOVERED IN ANY ACTION THAT A COURT MAY AUTHORIZE TO BE BROUGHT AS A
CLASS ACTION.  SUBDIVISION B OF SECTION NINE HUNDRED ONE  OF  THE  CIVIL
PRACTICE LAW AND RULES SHALL NOT PRECLUDE AN AWARD OF LIQUIDATED DAMAGES
UNDER THIS ARTICLE ON A CLASSWIDE BASIS.
  5.  NO  WAIVER. NO RIGHTS OR REMEDIES UNDER THIS ARTICLE MAY BE WAIVED
OR RELEASED EXCEPT BY COURT ORDER. A  COURT  OF  COMPETENT  JURISDICTION
SHALL NOT APPROVE SUCH WAIVER OR RELEASE UNLESS IT REPRESENTS A FAIR AND
EQUITABLE SETTLEMENT OF A BONA FIDE DISPUTE.
  6. FAILURE TO MAINTAIN PAYROLL RECORDS OR PROVIDE STATEMENTS OF WAGES.
WHERE  AN  EMPLOYER  FAILS TO MAINTAIN CONTEMPORANEOUS RECORDS OF ALLOW-
ANCES CLAIMED, AS REQUIRED UNDER SUBDIVISION FOUR OF SECTION ONE HUNDRED
NINETY-FIVE OR ARTICLE NINETEEN OF THIS  CHAPTER  OR  THIS  ARTICLE,  OR
PROVIDE  STATEMENTS  OF  WAGES  TO  AN  EMPLOYEE  REFLECTING  ALLOWANCES
CLAIMED, AS REQUIRED UNDER SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
NINETY-FIVE  OR  ARTICLE  NINETEEN OF THIS CHAPTER OR THIS ARTICLE, THAT
EMPLOYER SHALL BE BARRED FROM TAKING SUCH ALLOWANCES.
  7. COURT AUTHORITY.   UPON MOTION OF THE  PLAINTIFF,  ANY  COURT  WITH
COMPETENT  JURISDICTION  OVER A CIVIL ACTION BROUGHT UNDER THIS SECTION,
IN ADDITION TO ALL OTHER AUTHORITY, SHALL ALSO HAVE THE  DISCRETION  AND
AUTHORITY  TO  TAKE  ALL REASONABLE MEASURES, PRIOR TO THE GRANTING OF A
JUDGMENT, TO IDENTIFY AND PRESERVE THE EMPLOYER'S  ASSETS  THAT  MAY  BE
NECESSARY  TO  SATISFY  THE POTENTIAL JUDGMENT IN SUCH ACTION, INCLUDING
SUCH AMOUNT TO SATISFY AN AWARD OF REASONABLE ATTORNEYS' FEES AND COSTS.
  (A) SUCH REASONABLE MEASURES MAY INCLUDE: (I) REQUIRING  THE  EMPLOYER
TO  GIVE  AN  ACCOUNTING  OF ITS ASSETS TO THE COURT; (II) ENJOINING THE
CONVEYANCE OF ASSETS; (III) PLACING ASSETS  IN  ESCROW;  (IV)  ATTACHING
ASSETS; (V) PLACING ASSETS IN RECEIVERSHIP; AND (VI) ALL OTHER RELIEF AS
MAY REASONABLY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER.

S. 7050--A                         19

  (B)  A  COURT  EXERCISING  ITS  AUTHORITY UNDER THIS SECTION (I) SHALL
BALANCE THE LIKELIHOOD OF SUCCESS ON THE MERITS WITH THE POTENTIAL  HARM
TO  DEFENDANTS  IF  SUCH EQUITABLE RELIEF IS GRANTED; AND (II) MAY WAIVE
ANY OTHERWISE-APPLICABLE REQUIREMENTS TO POST A BOND ONLY  IF  IT  SHALL
FIND  THAT  POSTING OF SUCH BOND WOULD CAUSE UNDUE HARDSHIP ON THE PARTY
SEEKING TO INVOKE THE COURT'S EQUITABLE POWERS UNDER THIS SECTION.
  8. ATTORNEYS' FEE.   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  18.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law.