Senate Bill S8518

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

                                  8518

                            I N  S E N A T E

                            November 24, 2010
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

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

                                                           LBD18234-03-0

S. 8518                             2

THE EMPLOYER SHALL PRESERVE AND MAINTAIN FOR SIX  YEARS.  Such  acknowl-
edgement  shall INCLUDE AN AFFIRMATION BY THE EMPLOYEE THAT THE EMPLOYEE
ACCURATELY IDENTIFIED HIS OR HER PRIMARY LANGUAGE TO THE  EMPLOYER,  AND
THAT  THE  NOTICE  PROVIDED BY THE EMPLOYER TO SUCH EMPLOYEE PURSUANT TO
THIS SUBDIVISION WAS IN THE LANGUAGE SO IDENTIFIED OR OTHERWISE COMPLIED
WITH PARAGRAPH (C) OF THIS SUBDIVISION, AND SHALL conform to  any  ADDI-
TIONAL  requirements  established  by  the  commissioner  with regard to
content and form. For all employees who are [eligible  for]  NOT  EXEMPT
FROM  overtime compensation as established in the commissioner's minimum
wage orders or otherwise provided by NEW YORK STATE law  or  regulation,
the notice must state the regular hourly rate and overtime rate of pay;
  (B)  THE  COMMISSIONER  SHALL  PREPARE  TEMPLATES THAT COMPLY WITH THE
REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.   EACH SUCH  TEMPLATE
SHALL  BE  DUAL-LANGUAGE, INCLUDING ENGLISH AND ONE ADDITIONAL LANGUAGE.
THE COMMISSIONER SHALL  DETERMINE,  IN  HIS  OR  HER  DISCRETION,  WHICH
LANGUAGES  TO  PROVIDE  IN ADDITION TO ENGLISH, BASED ON THE SIZE OF THE
NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER FACTOR
THAT THE COMMISSIONER SHALL DEEM RELEVANT.  ALL SUCH TEMPLATES SHALL  BE
MADE  AVAILABLE TO EMPLOYERS IN SUCH MANNER AS DETERMINED BY THE COMMIS-
SIONER;
  (C) WHEN AN EMPLOYEE IDENTIFIES AS  HIS  OR  HER  PRIMARY  LANGUAGE  A
LANGUAGE  FOR  WHICH  A TEMPLATE IS NOT AVAILABLE FROM THE COMMISSIONER,
THE EMPLOYER SHALL  COMPLY  WITH  THIS  SUBDIVISION  BY  PROVIDING  THAT
EMPLOYEE AN ENGLISH-LANGUAGE NOTICE OR ACKNOWLEDGMENT;
  (D)  AN EMPLOYER SHALL NOT BE PENALIZED FOR ERRORS OR OMISSIONS IN THE
NON-ENGLISH PORTIONS OF ANY NOTICE PROVIDED BY THE COMMISSIONER;
  (E) THE COMMISSIONER SHALL HAVE DISCRETION TO WAIVE OR ALTER  REQUIRE-
MENTS  OF  PARAGRAPH (A) OF THIS SUBDIVISION FOR TEMPORARY HELP FIRMS AS
DEFINED IN SECTION NINE HUNDRED SIXTEEN OF THIS CHAPTER.
  2. notify his OR HER employees IN WRITING of any changes TO THE INFOR-
MATION SET FORTH in [the pay] SUBDIVISION ONE OF THIS SECTION, AT  LEAST
SEVEN  CALENDAR  days  prior  to  the  time of such changes, UNLESS SUCH
CHANGES ARE REFLECTED ON THE WAGE STATEMENT FURNISHED IN ACCORDANCE WITH
SUBDIVISION THREE OF THIS SECTION;
  3. furnish each employee with a statement with every payment of wages,
listing THE FOLLOWING: THE DATES OF WORK  COVERED  BY  THAT  PAYMENT  OF
WAGES;  NAME  OF EMPLOYEE; NAME OF EMPLOYER; ADDRESS AND PHONE NUMBER OF
EMPLOYER; RATE OR RATES OF PAY AND BASIS THEREOF, WHETHER  PAID  BY  THE
HOUR,  SHIFT,  DAY,  WEEK,  SALARY,  PIECE,  COMMISSION, OR OTHER; gross
wages[,]; deductions; ALLOWANCES, IF ANY, CLAIMED AS PART OF THE MINIMUM
WAGE; and net wages[, and upon]. FOR ALL EMPLOYEES WHO  ARE  NOT  EXEMPT
FROM  OVERTIME COMPENSATION AS ESTABLISHED IN THE COMMISSIONER'S MINIMUM
WAGE ORDERS OR OTHERWISE PROVIDED BY NEW YORK STATE LAW  OR  REGULATION,
THE STATEMENT SHALL INCLUDE THE REGULAR HOURLY RATE OR RATES OF PAY; THE
OVERTIME  RATE  OR RATES OF PAY; THE NUMBER OF REGULAR HOURS WORKED, AND
THE NUMBER OF OVERTIME HOURS WORKED. FOR  ALL  EMPLOYEES  PAID  A  PIECE
RATE,  THE STATEMENT SHALL INCLUDE THE APPLICABLE PIECE RATE OR RATES OF
PAY AND NUMBER OF PIECES COMPLETED AT EACH PIECE RATE.  FOR ALL  EMPLOY-
EES  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
THEREOF, WHETHER PAID BY THE HOUR,  SHIFT,  DAY,  WEEK,  SALARY,  PIECE,

S. 8518                             3

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 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 SHALL TAKE REASONABLE
STEPS TO INSURE 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 THIRTY
BUSINESS DAYS FROM THE DATE OF THE REQUEST. AN EMPLOYER SHALL  DESIGNATE
THE PERSON TO WHOM A REQUEST UNDER THIS SUBDIVISION SHALL BE MADE;
  S 4. Section 196 of the labor law, as added by chapter 548 of the laws
of  1966,  paragraph b of subdivision 1 as amended by chapter 328 of the
laws of 1972 and paragraph e of subdivision 1 as added by chapter 336 of
the laws of 1985, is amended to read as follows:
  S 196. Powers of commissioner. 1. In addition to  the  powers  of  the
commissioner  specified  in  other sections of this chapter, the commis-
sioner shall have the following duties, powers and authority:
  a. He OR SHE shall investigate and attempt to adjust equitably contro-
versies between employers and employees relating  to  THIS  ARTICLE,  OR
ARTICLE FIVE, SEVEN, NINETEEN OR NINETEEN-A OF this [article] CHAPTER.
  b.  He OR SHE may take assignments of claims for wages [as defined in]
UNDER this [article] CHAPTER from employees or third  parties  in  trust
for  such employees or for the benefit of various funds for such employ-
ees. All such assignments shall run to the commissioner and his  OR  HER
successor  in  office. The commissioner may sue employers on wage claims
thus assigned, with the benefits and subject to the provisions of exist-
ing law applying to actions by employees for collection of wages.  He OR
SHE may join in a single action any number of wage  claims  against  the
same employer.
  c.  He  OR  SHE  may  institute proceedings on account of any criminal
violation of any provision of THIS  ARTICLE,  OR  ARTICLE  FIVE,  SEVEN,
NINETEEN OR NINETEEN-A OF this [article] CHAPTER.
  d.  If  it  shall  appear  to  him  OR  HER that any employer has been
convicted of a violation of any provision of  this  article  OR  ARTICLE
NINETEEN  OR NINETEEN-A OF THIS CHAPTER or that any [judgement] ORDER TO
COMPLY ISSUED against an employer [for non-payment of wages] UNDER  THIS
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

S. 8518                             4

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,
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  SUCH
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
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 ASSESS A CIVIL PENALTY OF NO MORE  THAN  FIVE  THOUSAND
DOLLARS  AND MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF THE PEOPLE
OF THE STATE OF NEW YORK AGAINST SUCH EMPLOYER IN A COURT  OF  COMPETENT
JURISDICTION TO COMPEL SUCH EMPLOYER TO FURNISH THE ACCOUNTING.
  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

S. 8518                             5

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 CHAP-
TER, in addition to exposing such employer to penalties authorized under
subdivision  one  of section two hundred eighteen of this chapter, shall
not operate as a bar to filing of a complaint by an employee. In such  a
case the employer in violation shall bear the burden of proving that the
complaining employee was paid wages, benefits and wage supplements.
  WHERE  AN EMPLOYER FAILS TO MAINTAIN CONTEMPORANEOUS RECORDS OF ALLOW-
ANCES CLAIMED, AS REQUIRED PURSUANT TO SUBDIVISION FOUR OF  SECTION  ONE
HUNDRED NINETY-FIVE OF THIS ARTICLE OR ARTICLE NINETEEN OR NINETEEN-A OF
THIS  CHAPTER,  OR PROVIDE STATEMENTS OF WAGES TO AN EMPLOYEE REFLECTING
ALLOWANCES CLAIMED, AS REQUIRED PURSUANT TO SUBDIVISION THREE OF SECTION
ONE HUNDRED NINETY-FIVE OF THIS ARTICLE OR  ARTICLE  NINETEEN  OR  NINE-
TEEN-A  OF  THIS CHAPTER, SUCH EMPLOYER SHALL BE BARRED FROM TAKING SUCH
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, AS REQUIRED PURSUANT TO THIS ARTICLE OR
ARTICLE NINETEEN OR NINETEEN-A OF THIS CHAPTER, SUCH EMPLOYEE'S  REGULAR
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.
  (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

S. 8518                             6

a collective bargaining agreement covering wages, benefits  and  supple-
ments,  may  file with the commissioner a complaint regarding an alleged
violation of this article or article nineteen of this chapter occasioned
by  another  person,  corporation,  employer or entities in violation of
article thirty-five-E of the general business law for  an  investigation
of such complaint and statement setting the appropriate remedy, if any.
  S  6.  Section  197 of the labor law, as amended by chapter 427 of the
laws of 2002, is amended to read as follows:
  S 197. Civil penalty. Any employer who fails to pay the wages  of  his
OR  HER  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 ADMINISTRA-
TIVE 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 PERMITTED 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 MAINTAIN CONTEMPORANEOUS RECORDS OF  ALLOW-
ANCES  CLAIMED,  AS REQUIRED PURSUANT TO SUBDIVISION FOUR OF SECTION ONE
HUNDRED NINETY-FIVE OF THIS ARTICLE OR ARTICLE NINETEEN OR NINETEEN-A OF
THIS CHAPTER, OR PROVIDE STATEMENTS OF WAGES TO AN  EMPLOYEE  REFLECTING
ALLOWANCES CLAIMED, AS REQUIRED PURSUANT TO SUBDIVISION THREE OF SECTION
ONE  HUNDRED  NINETY-FIVE  OF  THIS ARTICLE OR ARTICLE NINETEEN OR NINE-
TEEN-A OF THIS CHAPTER, SUCH EMPLOYER SHALL BE BARRED FROM  TAKING  SUCH
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

S. 8518                             7

PROVIDE  STATEMENTS  OF  WAGES  TO  AN EMPLOYEE OF HIS OR HER REGULAR OR
OVERTIME RATE OR RATES OF PAY, AS REQUIRED PURSUANT TO THIS  ARTICLE  OR
ARTICLE  NINETEEN OR NINETEEN-A OF THIS CHAPTER, SUCH EMPLOYEE'S REGULAR
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.
  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
MAY  BRING  A  CIVIL ACTION TO RECOVER DAMAGES OF FIFTY DOLLARS FOR EACH
WORK WEEK THAT THE VIOLATION OCCURS OR CONTINUES 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. EMPLOYERS WHO CAN SHOW GOOD
CAUSE FOR FAILURE TO COMPLY WITH THE NOTICE REQUIREMENTS UNDER  SUBDIVI-
SION ONE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE SHALL NOT BE
PENALIZED.
  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 DAMAGES
OF FIFTY DOLLARS FOR EACH WORK WEEK THAT THE VIOLATION OCCURS OR CONTIN-
UES TO OCCUR BUT NOT TO EXCEED A TOTAL  OF  TWO  THOUSAND  FIVE  HUNDRED
DOLLARS.
  1-C.  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 MAY BRING A CIVIL ACTION TO RECOVER  DAMAGES  OF  ONE
HUNDRED  DOLLARS FOR EACH WORK WEEK THAT THE VIOLATION OCCURS OR CONTIN-
UES TO OCCUR, BUT NOT TO EXCEED A TOTAL OF  TWO  THOUSAND  FIVE  HUNDRED
DOLLARS,  AND MAY RECOVER COSTS AND REASONABLE ATTORNEY'S FEES AS DETER-
MINED BY THE COURT. 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  VIOLATION
OCCURS  OR  CONTINUES TO OCCUR BUT NOT TO EXCEED A TOTAL OF TWO THOUSAND
FIVE HUNDRED DOLLARS.
  THE COMMISSIONER SHALL BRING ANY  LEGAL  ACTION  NECESSARY,  INCLUDING
ADMINISTRATIVE  ACTION, 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, TO ENFORCE SUCH RIGHT,
AND AS A PART OF SUCH ACTION, IN ADDITION  TO  SEEKING  THE  PAYMENT  OF
LIQUIDATED  DAMAGES  AS  AUTHORIZED  IN THIS SECTION, MAY SEEK ALL OTHER
REMEDIES AND PENALTIES  OTHERWISE  AVAILABLE  UNDER  THIS  ARTICLE.  THE
COMMISSIONER  MAY  ASSESS AGAINST THE EMPLOYER LIQUIDATED DAMAGES OF ONE
HUNDRED DOLLARS FOR EACH DAY THAT THE VIOLATION CONTINUES,  BUT  NOT  TO
EXCEED A TOTAL OF FIVE THOUSAND DOLLARS.
  2.   WAGES RECOVERABLE PURSUANT TO THIS SECTION MAY BE RECOVERED IN AN
ACTION THAT A COURT ORDERS TO BE BROUGHT AS A CLASS ACTION.

S. 8518                             8

  3. NO RIGHTS OR REMEDIES AVAILABLE UNDER THIS ARTICLE MAY BE WAIVED OR
RELEASED EXCEPT UPON A FINDING BY A COURT THAT SUCH  WAIVER  OR  RELEASE
REPRESENTS A FAIR AND EQUITABLE 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 OR THE DATE ON WHICH
AN EMPLOYER IS NOTIFIED THAT THE COMMISSIONER HAS COMMENCED AN  INVESTI-
GATION,  WHICHEVER  IS  EARLIER,  UNTIL AN ORDER TO COMPLY ISSUED BY THE
COMMISSIONER BECOMES FINAL, OR WHERE THE COMMISSIONER DOES NOT ISSUE  AN
ORDER, UNTIL THE DATE ON WHICH THE COMMISSIONER NOTIFIES THE COMPLAINANT
THAT  THE INVESTIGATION HAS CONCLUDED. INVESTIGATION BY THE COMMISSIONER
SHALL NOT BE A PREREQUISITE TO, NOR A BAR AGAINST, A PERSON  BRINGING  A
CIVIL  ACTION  UNDER THIS SECTION. All employees 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 commission-
er.
  6. IN ANY CIVIL ACTION COMMENCED BY AN EMPLOYEE OR BY THE  COMMISSION-
ER,  A  COURT MAY AWARD REASONABLE ATTORNEY'S FEES AND COSTS INCURRED IN
ENFORCING SUCH COURT'S JUDGMENT.  ANY JUDGMENT OR COURT  ORDER  PURSUANT
TO THIS SECTION SHALL PROVIDE THAT IF ANY AMOUNTS REMAIN UNPAID UPON THE
EXPIRATION OF NINETY DAYS FOLLOWING ISSUANCE OF SUCH JUDGMENT, OR NINETY
DAYS  AFTER EXPIRATION OF THE TIME TO APPEAL AND NO APPEAL IS THEN PEND-
ING, WHICHEVER IS LATER, THE TOTAL AMOUNT  OF  JUDGMENT  SHALL  AUTOMAT-
ICALLY INCREASE BY FIFTEEN PERCENT.
  7.  A  COURT  WITH  COMPETENT JURISDICTION OVER A CIVIL ACTION BROUGHT
UNDER THIS SECTION SHALL HAVE THE POWER, UPON MOTION OF  THE  PLAINTIFF,
TO  REQUIRE  THE  EMPLOYER  TO  GIVE  AN ACCOUNTING OF ITS ASSETS TO THE
COURT.
  S 8. Section 198-a of the labor law, as amended by chapter 241 of  the
laws of 2002, is amended to read as follows:
  S  198-a.  Criminal  penalties. 1. Every employer who does not pay the
wages of all of his employees in accordance with the provisions of  this
chapter, and the officers and agents of any corporation, PARTNERSHIP, OR
LIMITED LIABILITY COMPANY who knowingly permit the corporation, PARTNER-
SHIP, OR LIMITED LIABILITY COMPANY to violate this chapter by failing to
pay  the wages of any of its employees in accordance with the provisions
thereof, shall be guilty of a misdemeanor for the first offense and upon
conviction therefor shall be fined [not less than five hundred nor  more
than twenty thousand dollars] TWO THOUSAND FIVE HUNDRED DOLLARS OR TWICE
THE  AMOUNT OF UNDERPAYMENT, WHICHEVER IS GREATER, 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 CLASS E felony for the  second  or  subse-
quent  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] THOUSAND DOLLARS OR TRIPLE THE
AMOUNT OF THE UNDERPAYMENT, WHICHEVER IS GREATER, OR SENTENCED TO A TERM
OF IMPRISONMENT AS PROVIDED FOR SUCH A FELONY IN SECTION  70.00  OF  THE
PENAL LAW, 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

S. 8518                             9

and  tried  in any county within the state in which such railroad ran at
the time of such offense.
  2.  Every  employer  who violates or fails to comply with the require-
ments of subdivision four of section one  hundred  ninety-five  of  this
article, and the officers and agents of any corporation, PARTNERSHIP, OR
LIMITED LIABILITY COMPANY who knowingly permit the corporation, PARTNER-
SHIP,  OR  LIMITED LIABILITY COMPANY to violate or fail to comply there-
with, shall be guilty of a  misdemeanor  and  upon  conviction  therefor
shall  be  fined  not less than five hundred nor more than five thousand
dollars or imprisoned for not more than one year.
  3. Every employer who knowingly violates or fails to comply  with  the
requirements  of  subdivision four of section one hundred ninety-five of
this article, and the officers and agents of any  corporation,  PARTNER-
SHIP, OR LIMITED LIABILITY COMPANY who knowingly permit the corporation,
PARTNERSHIP,  OR  LIMITED LIABILITY COMPANY to violate or fail to comply
therewith, shall be guilty of a felony where such employer,  officer  or
agent  has  been convicted of a violation of such subdivision within the
previous six years, and upon conviction therefor shall be fined not less
than five hundred nor more than twenty thousand  dollars  or  imprisoned
for  not  more than one year plus one day, or punished by both such fine
and imprisonment, for each such offense. In determining the penalty, the
court shall consider the severity of the  violation,  the  size  of  the
employer,  and  the  employer's  good  faith  effort  to comply with the
requirements of subdivision four of section one hundred  ninety-five  of
this article.
  S  9.  Section  199-a of the labor law, as added by chapter 605 of the
laws of 1997, is amended to read as follows:
  S 199-a. Notification  of  process.  1.  Each  employee  who  files  a
complaint  regarding  a  violation  of a provision of THIS article [six]
(payment of wages), article nineteen  (minimum  wage  act),  or  article
nineteen-A  (MINIMUM  WAGE  STANDARDS AND PROTECTIVE LABOR PRACTICES FOR
FARM WORKERS),  SECTION  ONE  HUNDRED  SIXTY-ONE,  section  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 process-
ing of the complaint, including investigation, case  conference,  poten-
tial civil and criminal penalties, and collection procedures.
  2.    Each  employee and his or her AUTHORIZED representative shall be
notified in writing of any case conference before it is held  and  given
the opportunity to attend.
  3.  Each  employee  and  his or her AUTHORIZED representative shall be
notified in writing of any award and collection of back wages and  civil
penalties,  and  of  any intent to seek criminal penalties. In the event
that criminal penalties are sought the employee and his or  her  AUTHOR-
IZED representative shall be notified of the outcome of prosecution.
  S  10.  Section 215 of the labor law, as amended by chapter 744 of the
laws of 1986 and 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 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

S. 8518                            10

employer  has  [violated  any  provision of] ENGAGED IN CONDUCT THAT THE
EMPLOYEE, REASONABLY AND IN GOOD FAITH, BELIEVES VIOLATES ANY  PROVISION
OF  this  chapter,  or ANY ORDER ISSUED BY THE COMMISSIONER (ii) BECAUSE
SUCH EMPLOYER OR PERSON BELIEVES THAT SUCH EMPLOYEE HAS MADE A COMPLAINT
TO  HIS OR HER EMPLOYER, OR TO THE COMMISSIONER OR HIS OR HER AUTHORIZED
REPRESENTATIVE, OR TO THE ATTORNEY GENERAL, OR TO ANY OTHER PERSON  THAT
THE  EMPLOYER  HAS  VIOLATED ANY PROVISION OF THIS CHAPTER, OR ANY ORDER
ISSUED BY THE COMMISSIONER (III) because such employee has caused to  be
instituted  OR  IS  ABOUT  TO INSTITUTE a proceeding under or related to
this chapter, or [(iii)] (IV) because such employee has provided  infor-
mation  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 employ-
er has received an adverse determination from the commissioner involving
the employee.
  AN  EMPLOYEE  COMPLAINT  OR OTHER COMMUNICATION NEED NOT MAKE EXPLICIT
REFERENCE TO ANY SECTION OR PROVISION OF THIS  CHAPTER  TO  TRIGGER  THE
PROTECTIONS  OF  THIS  SECTION. CONDUCT MADE UNLAWFUL UNDER THIS SECTION
INCLUDES, WITHOUT LIMITATION, CONDUCT THAT RESULTS IN AN ADVERSE  CHANGE
IN THE TERMS AND CONDITIONS OF EMPLOYMENT.
  (b) If after investigation the commissioner finds that an employer 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  a civil penalty of not less than one thousand nor
more than ten thousand dollars[, and]. THE COMMISSIONER MAY  ALSO  order
[the  employer  to pay] ANY OTHER APPROPRIATE RELIEF INCLUDING ENJOINING
THE CONDUCT; ORDERING PAYMENT OF lost compensation  [to  the  employee],
DAMAGES,  AND  LIQUIDATED DAMAGES; ORDERING REHIRING OR REINSTATEMENT OF
THE EMPLOYEE TO HIS OR HER FORMER POSITION WITH RESTORATION  OF  SENIOR-
ITY,  OR  AN AWARD OF FRONT PAY IN LIEU OF REINSTATEMENT WHERE APPROPRI-
ATE.  LIQUIDATED DAMAGES SHALL BE CALCULATED AS AN AMOUNT NOT MORE  THAN
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 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,
[payment] AND AN AWARD of lost compensation[,] AND  damages,  COSTS  and
reasonable  attorneys' fees.   LIQUIDATED DAMAGES SHALL BE CALCULATED AS
AN AMOUNT NOT MORE THAN TEN THOUSAND DOLLARS.   THE  COURT  SHALL  AWARD
LIQUIDATED  DAMAGES  TO  EVERY EMPLOYEE AGGRIEVED UNDER THIS SECTION, IN
ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS SECTION. THE STATUTE OF
LIMITATIONS SHALL BE TOLLED FROM THE DATE AN EMPLOYEE FILES A  COMPLAINT
WITH THE COMMISSIONER OR THE DATE ON WHICH THE EMPLOYEE IS NOTIFIED THAT

S. 8518                            11

THE COMMISSIONER HAS COMMENCED AN INVESTIGATION 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.
  (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, SHALL HAVE THE POWER, UPON MOTION OF THE  PLAINTIFF,
TO  REQUIRE  THE  EMPLOYER  TO  GIVE  AN ACCOUNTING OF ITS ASSETS TO THE
COURT.
  4. ANY EMPLOYER OR HIS OR HER AGENT, OR THE OFFICER OR  AGENT  OF  ANY
CORPORATION,  PARTNERSHIP,  OR  LIMITED  LIABILITY  COMPANY 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  THIS
SUBDIVISION  WITHIN THE PREVIOUS SIX YEARS, UPON CONVICTION FOR A SECOND
OR SUBSEQUENT OFFENSE SUCH PERSON SHALL BE GUILTY 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 11. Subdivisions 1 and 3 of section 218 of the labor  law,  subdivi-
sion  1 as amended by chapter 190 of the laws of 1990, the opening para-
graph of subdivision 1 as amended by chapter 304 of the laws of 2007 and
subdivision 3 as added by chapter 697 of the laws of 1980,  are  amended
to read as follows:
  1.  If  the  commissioner  determines  that an employer has violated a
provision of article six (payment of wages), article  nineteen  (minimum
wage  act),  article  nineteen-A  (MINIMUM WAGE STANDARDS AND PROTECTIVE
LABOR PRACTICES FOR FARM WORKERS), section two hundred twelve-a, section
two hundred twelve-b, section one hundred sixty-one  (day  of  rest)  or
section  one hundred sixty-two (meal periods) of this chapter, or a rule
or regulation promulgated thereunder, the commissioner  shall  issue  to
the  employer  an  order  directing  compliance  therewith,  which shall
describe particularly the nature of the alleged  violation.  A  COPY  OF
SUCH  ORDER  SHALL BE PROVIDED TO ANY EMPLOYEE WHO HAS FILED A COMPLAINT
AND ANY AUTHORIZED REPRESENTATIVE OF HIM OR HER. In addition to  direct-
ing  payment of wages, benefits or wage supplements found to be due, AND
THE LIQUIDATED DAMAGES PURSUANT TO 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 LIQUIDATED DAMAGES PURSUANT  TO  THIS  CHAPTER,  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  UNDERPAY-
MENT  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 supple-
ments found to be due, the order shall direct payment to the commission-
er of a civil penalty in an amount not to exceed  one  thousand  dollars

S. 8518                            12

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 THE LIQUIDATED DAMAGES PURSUANT TO THIS CHAPTER 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 employer's business, the
good faith BASIS of the employer TO BELIEVE  THAT  ITS  CONDUCT  WAS  IN
COMPLIANCE  WITH  THE  LAW, the gravity of the violation, the history of
previous violations.
  AT THE DISCRETION OF THE COMMISSIONER,  THE  COMMISSIONER  SHALL  HAVE
FULL  AUTHORITY TO PROVIDE FOR INCLUSION OF AN AUTOMATIC FIFTEEN PERCENT
ADDITIONAL AMOUNT OF DAMAGES TO COME DUE AND OWING  UPON  EXPIRATION  OF
NINETY  DAYS  FROM  AN  ORDER TO COMPLY BECOMING FINAL. THE COMMISSIONER
SHALL PROVIDE WRITTEN NOTICE TO THE EMPLOYER IN THE ORDER TO  COMPLY  OF
THIS ADDITIONAL DAMAGE.
  3.  Provided  that no proceeding for administrative or judicial review
as provided in this chapter shall then  be  pending  and  the  time  for
initiation  of  such proceeding shall have expired, the commissioner may
file with the county clerk of the county where the employer  resides  or
has  a  place of business the order of the commissioner, or the decision
of the industrial board of appeals containing the amount found to be due
including  the  civil  penalty,  if  any,  AND  AT  THE   COMMISSIONER'S
DISCRETION,  AN  ADDITIONAL FIFTEEN PERCENT DAMAGES UPON ANY OUTSTANDING
MONIES OWED. AT THE REQUEST OF AN EMPLOYEE, AND AT THE DISCRETION OF THE
COMMISSIONER, THE COMMISSIONER MAY ASSIGN THAT PORTION OF THE MONEY  DUE
THAT  CONSTITUTES  WAGES,  WAGE  SUPPLEMENTS,  INTEREST ON WAGES OR WAGE
SUPPLEMENTS, OR LIQUIDATED DAMAGES DUE THAT EMPLOYEE, TO  THAT  EMPLOYEE
AND  FILE  AN ORDER IN THAT AMOUNT IN THE NAME OF THAT EMPLOYEE WITH THE
COUNTY CLERK OF THE COUNTY WHERE THE EMPLOYER RESIDES OR HAS A PLACE  OF
BUSINESS.    The  filing  of  such order or decision shall have the full
force and effect of a judgment duly  docketed  in  the  office  of  such
clerk.  The  order or decision may be enforced by and in the name of the
commissioner  in  the  same  manner,  and  with  like  effect,  as  that
prescribed  by the civil practice law and rules for the enforcement of a
money judgment.
  S 12. Section 219 of the labor law, as added by  chapter  697  of  the
laws  of 1980 and subdivision 1 as amended by chapter 417 of the laws of
1987, is amended to read as follows:
  S 219. Violations of certain wage payment provisions; interest, filing
of order as judgment.  1. If the commissioner determines that an employ-

S. 8518                            13

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 LIQUI-
DATED DAMAGES AVAILABLE UNDER THIS CHAPTER, 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.
  AT  THE  DISCRETION  OF  THE COMMISSIONER, THE COMMISSIONER SHALL HAVE
FULL AUTHORITY TO PROVIDE FOR INCLUSION OF AN AUTOMATIC FIFTEEN  PERCENT
ADDITIONAL  AMOUNT  OF  DAMAGES TO COME DUE AND OWING UPON EXPIRATION OF
NINETY DAYS FROM AN ORDER TO COMPLY  BECOMING  FINAL.  THE  COMMISSIONER
SHALL  PROVIDE  WRITTEN NOTICE TO THE EMPLOYER IN THE ORDER TO COMPLY OF
THIS ADDITIONAL DAMAGE.
  2. An order issued under subdivision one  of  this  section  shall  be
final  and not subject to review by any court or agency unless review is
had pursuant to section one hundred one of this chapter.
  3. Provided that no proceeding for administrative or  judicial  review
as  provided  in  this  chapter  shall  then be pending and the time for
initiation of such proceeding shall have expired, the  commissioner  may
file  with  the county clerk of the county where the employer resides or
has a place of business the order of the commissioner or the decision of
the industrial board of appeals containing the amount found to  be  due,
INCLUDING,  AT  THE  COMMISSIONER'S  DISCRETION,  AN  ADDITIONAL FIFTEEN
PERCENT DAMAGES UPON ANY OUTSTANDING MONIES OWED. AT THE REQUEST  OF  AN
EMPLOYEE,  AND  AT  THE DISCRETION OF THE COMMISSIONER, THE COMMISSIONER
MAY ASSIGN THAT PORTION OF THE MONEY DUE THAT  CONSTITUTES  WAGES,  WAGE
SUPPLEMENTS,  INTEREST  ON  WAGES  OR  WAGE  SUPPLEMENTS,  OR LIQUIDATED
DAMAGES DUE THE EMPLOYEE, TO THAT EMPLOYEE AND FILE  AN  ORDER  IN  THAT
AMOUNT  IN THE NAME OF SUCH EMPLOYEE WITH THE COUNTY CLERK OF THE COUNTY
WHERE THE EMPLOYER RESIDES OR HAS A PLACE OF BUSINESS.   The  filing  of
such  order  or decision shall have the full force and effect of a judg-
ment duly docketed in the office of such clerk. The  order  or  decision
may  be  enforced  by  and  in  the name of the commissioner in the same
manner, and with like effect, as that prescribed by the  civil  practice
law and rules for the enforcement of a money judgment.
  S  13.  The labor law is amended by adding a new section 219-b to read
as follows:
  S 219-B. ARBITRATION  FAIRNESS  ACT.  1.  FOR  THE  PURPOSES  OF  THIS
SECTION, "PREDISPUTE ARBITRATION AGREEMENT" MEANS ANY AGREEMENT TO ARBI-
TRATE  DISPUTES  THAT  HAVE  NOT 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 ARTICLE.
  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

S. 8518                            14

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 EFFECTIVE DATE OF THIS SECTION.
  S  14.  Section  661  of the labor law, as added by chapter 619 of the
laws of 1960, is amended to read as follows:
  S 661. Records of employers.   [Every] FOR ALL  EMPLOYEES  COVERED  BY
THIS  ARTICLE,  EVERY  employer  shall  [keep]  ESTABLISH, MAINTAIN, AND
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  EMPLOY-
EES  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  ALLOW-
ANCES,  IF  ANY, CLAIMED AS PART OF THE MINIMUM WAGE, FOR EACH EMPLOYEE,
PLUS SUCH OTHER INFORMATION  AS  THE  COMMISSIONER  DEEMS  MATERIAL  AND
NECESSARY.  Every employer shall keep such records open to inspection by
the commissioner or his duly authorized representative at any reasonable
time. Every employer of an employee shall keep a digest and  summary  of
this  article  or  applicable wage order, which shall be prepared by the
commissioner, posted in a conspicuous place  in  his  establishment  and
shall also keep posted such additional copies of said digest and summary
as   the  commissioner  prescribes.  Employers  shall,  on  request,  be
furnished with copies of this article and of orders, and of digests  and
summaries  thereof,  without  charge. Employers shall permit the commis-
sioner or his duly authorized representative to question WITHOUT  INTER-
FERENCE any employee of such employer in A PRIVATE LOCATION AT the place
of  employment  and during working hours in respect to the wages paid to
and the hours worked by such employee or other employees.
  S 15. Section 662 of the labor law, as amended by chapter 587  of  the
laws  of  1983  and subdivision 4 as added by chapter 776 of the laws of
1983, is amended to read as follows:
  S 662. Penalties.  1. [Discrimination against employee.  Any  employer
or his agent, or the officer or agent of any corporation, who discharges
or  in  any other manner discriminates against any employee because such
employee has made a complaint to his employer, or to the commissioner or
his authorized representative, that he has not been paid  in  accordance
with the provisions of this article, or because such employee has caused

S. 8518                            15

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. Any employer or his agent, or
the officer or agent of any corporation, 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 payment to any employee in  any
week  of  less than the wage applicable under this article shall consti-
tute a separate offense] FAILURE TO PAY MINIMUM WAGE OR OVERTIME COMPEN-
SATION. EVERY EMPLOYER OR HIS OR HER AGENTS WHO DOES NOT PAY  THE  WAGES
OF ALL OF SUCH EMPLOYER'S 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  TWO  THOUSAND  FIVE
HUNDRED DOLLARS OR TWICE THE AMOUNT OF UNDERPAYMENT, WHICHEVER IS GREAT-
ER, 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, AND UPON CONVICTION THEREFOR,  SHALL  BE
FINED FIVE THOUSAND DOLLARS OR TRIPLE THE AMOUNT OF UNDERPAYMENT, WHICH-
EVER  IS GREATER, OR SENTENCED TO A TERM OF IMPRISONMENT AS PROVIDED FOR
SUCH A FELONY BY SECTION 70.00 OF THE PENAL LAW,  OR  PUNISHED  BY  BOTH
SUCH FINE AND IMPRISONMENT, FOR EACH SUCH OFFENSE.
  [3.]  2. Failure to keep records. Any employer or his OR HER agent, or
the officer or agent of any corporation, PARTNERSHIP, OR LIMITED LIABIL-
ITY COMPANY, who fails to keep the records required under  this  article
or  to  furnish such records or any information required to be furnished
under this article to the commissioner or his OR HER  authorized  repre-
sentative upon request, or who hinders or delays the commissioner or his
OR HER authorized representative in the performance of his OR HER duties
in the enforcement of this article, or refuses to admit the commissioner
or  his  OR HER authorized representative to any place of employment, or
falsifies any such records or refuses to make such records accessible to
the commissioner or his OR HER authorized representative, or refuses  to
furnish  a  sworn  statement  of  such  records or any other information
required for the proper enforcement of this article to the  commissioner
or  his OR HER authorized representative, shall be guilty of a [class B]
misdemeanor and [each] UPON CONVICTION THEREFOR SHALL BE FINED NOT  LESS
THAN  FIVE HUNDRED NOR MORE THAN FIVE THOUSAND DOLLARS OR IMPRISONED FOR
NOT MORE THAN ONE YEAR, AND, IN THE EVENT THAT ANY SECOND OR  SUBSEQUENT
OFFENSE  OCCURS  WITHIN  SIX YEARS OF THE DATE OF CONVICTION FOR A PRIOR
OFFENSE, SHALL BE GUILTY OF  A  FELONY  FOR  THE  SECOND  OR  SUBSEQUENT
OFFENSE, AND UPON CONVICTION THEREFOR, SHALL BE FINED NOT LESS THAN FIVE
HUNDRED NOR MORE THAN TWENTY THOUSAND DOLLARS OR IMPRISONED FOR NOT MORE
THAN  ONE YEAR PLUS ONE DAY, OR PUNISHED BY BOTH SUCH FINE AND IMPRISON-
MENT, FOR EACH SUCH OFFENSE. EACH day's  failure  to  keep  the  records
requested  under  this article or to furnish such records or information
to the commissioner  or  his  OR  HER  authorized  representative  shall
constitute a separate offense.
  [4.  Where  any person has previously been convicted of a violation of
this section within the preceding five  years,  upon  conviction  for  a
second  or subsequent violation such person may be fined up to ten thou-
sand dollars in addition to any other penalties including  fines  other-

S. 8518                            16

wise  provided by law; provided, however, that the total additional fine
that may be imposed pursuant to this subdivision for  separate  offenses
committed  in  any  consecutive  twelve  month period may not exceed ten
thousand dollars.]
  S  16.  Section  663  of the labor law, as added by chapter 619 of the
laws of 1960, subdivisions 1 and 2 as amended by chapter 372 of the laws
of 2009 and subdivision 3 as added by chapter 497 of the laws  of  1966,
is amended to read as follows:
  S 663. Civil action. 1. By employee. If any employee is paid by his or
her employer less than the wage to which he or she is entitled under the
provisions  of  this  article,  he or she [may] SHALL recover in a civil
action the amount of any such underpayments,  together  with  costs  and
such reasonable attorney's fees as may be allowed by the court, PREJUDG-
MENT  INTEREST  AS  REQUIRED UNDER THE CIVIL PRACTICE LAW AND RULES, and
unless the employer proves a good faith basis to believe that its under-
payment 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-
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 OR THE
DATE ON WHICH THE EMPLOYER IS NOTIFIED THAT THE COMMISSION HAS COMMENCED
AN  INVESTIGATION  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 ARTICLE.
  4.  CLASS  ACTION.   WAGES RECOVERABLE PURSUANT TO THIS SECTION MAY BE
RECOVERED IN AN ACTION A COURT ORDERS TO BE BROUGHT AS A CLASS ACTION.
  5. NO WAIVER. NO RIGHTS OR REMEDIES UNDER THIS ARTICLE MAY  BE  WAIVED
OR RELEASED EXCEPT UPON A FINDING BY A COURT THAT SUCH WAIVER OR RELEASE
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,  AS

S. 8518                            17

REQUIRED  PURSUANT  TO 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, AS REQUIRED PURSUANT TO 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.
  7. COURT AUTHORITY. ANY COURT WITH COMPETENT JURISDICTION OVER A CIVIL
ACTION  BROUGHT  UNDER THIS SECTION SHALL HAVE THE POWER, UPON MOTION OF
THE PLAINTIFF, TO REQUIRE THE EMPLOYER TO  GIVE  AN  ACCOUNTING  OF  ITS
ASSETS TO THE COURT.
  8.  ATTORNEYS' FEE. IN ANY CIVIL ACTION COMMENCED BY AN EMPLOYEE OR BY
THE COMMISSIONER, A COURT MAY AWARD REASONABLE ATTORNEYS' FEES OR  COSTS
INCURRED IN ENFORCING SUCH COURT'S 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 THE  ISSUANCE
OF  JUDGMENT,  OR  NINETY  DAYS  AFTER EXPIRATION OF THE TIME TO FILE AN
APPEAL AND NO APPEAL THEREFROM IS THEN PENDING, WHICHEVER IS LATER,  THE
TOTAL  AMOUNT  OF  JUDGMENT  SHALL  AUTOMATICALLY  INCREASE  BY  FIFTEEN
PERCENT.
  S 17. This act shall take effect on the ninetieth day after  it  shall
have become a law.