S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4645
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. B. MILLER, BARCLAY, BLANKENBUSH, CROUCH, FINCH,
   GOODELL, HAWLEY, LALOR, PALMESANO -- read once  and  referred  to  the
   Committee on Labor
 
 AN  ACT amend the labor law, in relation to the payment of wages; and to
   repeal certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 16 of section 2 of the labor law, as added by
 chapter 481 of the laws of 2010, is REPEALED.
   § 2. Subdivisions 1, 3 and 4 of section  195  of  the  labor  law,  as
 amended by chapter 564 of the laws of 2010 and paragraph (a) of subdivi-
 sion  1  as  amended  by chapter 537 of the laws of 2014, are amended to
 read as follows:
   1. [(a) provide] NOTIFY 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,  [a  notice  containing  the
 following  information:] OF the rate [or rates] of pay and [basis there-
 of, whether paid by the hour, shift, day, week, salary,  piece,  commis-
 sion, or other; allowances, if any, claimed as part of the minimum wage,
 including  tip,  meal,  or  lodging  allowances;] OF the regular pay day
 designated by the employer in accordance with section one hundred  nine-
 ty-one  of  this article[; 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  infor-
 mation  as  the commissioner deems material and necessary. Each time the
 employer provides such notice to an employee, the employer  shall],  AND
 obtain  [from  the  employee]  a [signed and dated] written acknowledge-
 ment[, in English and in the primary language  of  the  employee,]  FROM
 EACH  EMPLOYEE  of  receipt  of  this  notice[, which the employer shall
 preserve  and  maintain  for  six  years].  Such  acknowledgement  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06569-01-9

 A. 4645                             2
 
 [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 subdi-
 vision  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 [not exempt  from]  ELIGIBLE
 FOR  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.]
   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 mini-
 mum wage;] and net wages[. For all employees who  are  not  exempt  from
 overtime  compensation as established in the commissioner's minimum wage
 orders or otherwise provided by New York state law  or  regulation,  the
 statement  shall  include  the  regular hourly rate or rates of pay; the
 overtime rate or rates of pay; the number of regular hours  worked,  and
 the  number  of  overtime  hours  worked. For all employees paid a piece
 rate, the statement shall include the applicable piece rate or rates  of
 pay  and  number of pieces completed at each piece rate. Upon], AND 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 [six] THREE
 years [contemporaneous, true, and accurate] payroll records showing [for
 each week worked] the hours worked[; the rate or rates of pay and  basis
 thereof,  whether  paid  by  the  hour, shift, day, week, salary, piece,
 commission, or other;], gross wages[;], deductions[; allowances, if any,
 claimed as part of the minimum wage;] and net wages for each  employee[.
 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

 A. 4645                             3

 records  shall  include  the  applicable  piece rate or rates of pay and
 number of pieces completed at each piece rate];
   §  3.  Section  196 of the labor law, as amended by chapter 564 of the
 laws of 2010, is amended to read as follows:
   § 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 [chapter] ARTICLE.
   b.  He  or  she  may  take  assignments of claims for wages [under] AS
 DEFINED IN this [chapter] ARTICLE from employees  or  third  parties  in
 trust  for  such  employees or for the benefit of various funds for such
 employees. 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
 existing  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 [chapter] ARTICLE.
   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 [order to comply
 issued] JUDGMENT against an employer [under this chapter]  FOR  NON-PAY-
 MENT  OF  WAGES  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 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 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 arti-
 cle [or article nineteen or nineteen-A of this chapter].
   If within ten days after demand for such bond,  which  demand  may  be
 made by certified or registered mail, such employer shall fail to depos-
 it  the  same,  the  commissioner may bring an action in the name and on
 behalf of the people of the state of New York against such  employer  in
 the  supreme  court to compel such employer to furnish such a bond or to
 cease doing business until he or she has done  so.  The  employer  shall
 have  the  burden  of  proving that either such a bond is unnecessary or
 that the amount demanded is excessive. If the court finds that there  is
 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 [order to  comply]  IN  THE
 JUDGMENT  as aforesaid, from doing business until the requirement is met

 A. 4645                             4
 
 and make other and further orders appropriate to compel compliance  with
 the requirement.
   [If  any order to comply issued against an employer under this article
 or article nineteen or nineteen-A of this  chapter  remains  unsatisfied
 for a period of ten days after the time to appeal therefrom has expired,
 and  that  no  appeal  therefrom  is  then pending, the commissioner may
 require the employer to provide an accounting of assets of the employer,
 including but not limited to, a list  of  all  bank  accounts,  accounts
 receivable, personal property, real property, automobiles or other vehi-
 cles,  and  any  other assets, in a form and manner as prescribed by the
 commissioner. An employer shall  provide  such  amended  accountings  of
 assets  as the commissioner shall order. If within ten days after demand
 for such an accounting of assets, which demand may be made by  certified
 or  registered mail, such employer shall fail to provide same, or if the
 employer fails to provide an amended accounting as required  under  this
 section,  the commissioner may bring an action in the name and on behalf
 of the people of the state of New York  against  such  employer  in  the
 supreme  court to compel such employer to furnish the accounting and pay
 a civil penalty of no more than ten thousand dollars.]
   e. He or she is hereby authorized and empowered to enter into recipro-
 cal agreements with the labor department or corresponding agency of  any
 other state or with the person, board, officer, or commission authorized
 to  act  on  behalf  of such department or agency, for the collection in
 such other states of claims and judgments for wages  based  upon  claims
 assigned to the commissioner.
   The  commissioner  may,  to  the extent provided for by any reciprocal
 agreement entered into by law or with any agency  of  another  state  as
 herein  provided, maintain actions in the courts of such other state for
 the collection of claims and judgments for wages  and  may  assign  such
 claims  and  judgments  to  the labor department or agency of such other
 state for collection to the  extent  that  such  an  assignment  may  be
 permitted  or  provided  for  by  the law of such state or by reciprocal
 agreement.
   The commissioner may, upon the written consent of the labor department
 or other corresponding agency of any  other  state  or  of  any  person,
 board,  officer  or commission of such state authorized to act on behalf
 of such labor department or corresponding agency,  maintain  actions  in
 the  courts  of  this state upon assigned claims and judgments for wages
 arising in such other state in the same manner and to  the  same  extent
 that  such  actions  by  the commissioner are authorized when arising in
 this state. However, such actions may be maintained only in cases  where
 such other state by law or reciprocal agreement extends a like comity to
 cases arising in this state.
   2. Nothing in this section shall be construed as requiring the commis-
 sioner in every instance to investigate and attempt to adjust controver-
 sies,  or  to  take assignments of wage claims, or to institute criminal
 prosecutions for any violation under  this  article  [or  article  five,
 seven,  nineteen  or nineteen-A of this chapter], but he or she shall be
 deemed vested with discretion in such matters.
   § 4. Paragraph (a) of section 196-a of the labor law,  as  amended  by
 chapter 564 of the laws of 2010, is amended to read as follows:
   (a)  Any  employee[;  person  or organization acting on the employee's
 behalf;], or the recognized 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

 A. 4645                             5
 
 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 investigation 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  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.
   §  5.  Section  197 of the labor law, as amended by chapter 564 of the
 laws of 2010, is amended to read as follows:
   § 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  administra-
 tive action or] a civil action.
   §  6.  Section  198 of the labor law, as amended by chapter 564 of the
 laws of 2010, subdivision 1-a as amended by chapter 362 of the  laws  of
 2015,  subdivisions 1-b and 1-d as amended by chapter 537 of the laws of
 2014 and subdivision 3 as amended by chapter 2 of the laws of  2015,  is
 amended to read as follows:
   §  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  [shall]  MAY  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.  [Liqui-
 dated  damages  shall  be calculated by the commissioner as no more than
 one hundred percent of the total amount of wages found to be due, except
 such liquidated damages may be up to three hundred percent of the  total
 amount  of  the wages found to be due for a willful violation of section
 one hundred ninety-four of this article.] In any  action  instituted  in
 the courts upon a wage claim by an employee or the commissioner in which
 the  employee  prevails, the court shall allow such employee [to recover
 the full amount of any underpayment, all] reasonable  attorney's  fees[,
 prejudgment  interest  as  required  under  the  civil  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 addi-
 tional amount as liquidated damages equal to [one  hundred]  TWENTY-FIVE
 percent  of  the total amount of the wages found to be due[, except such
 liquidated damages may be up to  three  hundred  percent  of  the  total
 amount  of  the wages found to be due for a willful violation of section
 one hundred ninety-four of this article].

 A. 4645                             6
 
   [1-b. If any employee is not provided within ten business days of  his
 or  her  first day of employment a notice as required by subdivision one
 of section one hundred ninety-five  of  this  article,  he  or  she  may
 recover  in  a  civil  action damages of fifty dollars for each work day
 that  the  violations occurred or continue to occur, but not to exceed a
 total of five thousand  dollars,  together  with  costs  and  reasonable
 attorney's  fees.  The  court  may  also  award  other relief, including
 injunctive and declaratory relief, that  the  court  in  its  discretion
 deems necessary or appropriate.
   On  behalf of any employee not provided a notice as required by subdi-
 vision one of section one  hundred  ninety-five  of  this  article,  the
 commissioner may bring any legal action necessary, including administra-
 tive action, to collect such claim, and as part of such legal action, in
 addition  to  any other remedies and penalties otherwise available under
 this article, the commissioner may assess against the  employer  damages
 of  fifty  dollars  for  each  work  day that the violations occurred or
 continue to occur, but not to exceed a total of five  thousand  dollars.
 In  any  action  or  administrative  proceeding  to  recover damages for
 violation of paragraph (a) 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  chap-
 ter  to the employee who was not provided notice as required by subdivi-
 sion 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  two
 hundred  fifty dollars for each work day that the violations occurred or
 continue to occur, but not to exceed a total of five  thousand  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  two  hundred  fifty  dollars for each work day that the
 violations occurred or continue to occur, but not to exceed a  total  of
 five  thousand  dollars.  In  any action or administrative proceeding 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. The remedies provided by this article may be enforced simultaneous-
 ly or consecutively so far as not inconsistent with each other.

 A. 4645                             7
 
   3.  Notwithstanding  any  other provision of law, an action to recover
 upon a liability imposed by this article must be  commenced  within  six
 years.  [The  statute  of  limitations  shall be tolled from the date an
 employee files a complaint with the  commissioner  or  the  commissioner
 commences  an  investigation,  whichever  is  earlier, until an order to
 comply issued by the commissioner becomes final, or  where  the  commis-
 sioner does not issue an order, until the date on which the commissioner
 notifies  the complainant that the investigation has concluded. Investi-
 gation by the commissioner shall not be a  prerequisite  to  nor  a  bar
 against  a  person  bringing  a  civil  action  under this section.] All
 employees shall have the right to recover full wages, benefits and  wage
 supplements [and liquidated damages] accrued during the six years previ-
 ous  to the commencing of such action, whether such action is instituted
 by the employee or by the commissioner.
   [4. In any civil action by an employee or  by  the  commissioner,  the
 employee or commissioner shall have the right to collect attorney's fees
 and  costs  incurred  in  enforcing  any court judgment. Any judgment or
 court order awarding remedies under this section shall provide  that  if
 any  amounts  remain unpaid upon the expiration of ninety days following
 issuance of judgment, or ninety days after expiration  of  the  time  to
 appeal  and  no  appeal  is  then pending, whichever is later, the total
 amount of judgment shall automatically increase by fifteen percent.]
   § 7. Section 198-a of the labor law, as amended by chapter 564 of  the
 laws of 2010, is amended to read as follows:
   §  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[,
 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
 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.
   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[,
 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 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 corpo-
 ration[, partnership, or limited liability company] to violate  or  fail

 A. 4645                             8
 
 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 nine-
 ty-five of this article.
   § 8. Section 199-a of the labor law, as amended by chapter 564 of  the
 laws of 2010, is amended to read as follows:
   §  199-a.  Notification  of  process.  1.  Each  employee  who files a
 complaint regarding a violation of a provision  of  [this]  article  SIX
 (payment  of  wages),  article  nineteen  (minimum wage act), or article
 nineteen-A [(minimum wage standards and protective labor  practices  for
 farm  workers),  section  one  hundred  sixty-one,  section  one hundred
 sixty-two],  section  two  hundred  twelve-a,  OR  section  two  hundred
 twelve-b[, or section two hundred fifteen] of this chapter, or a rule or
 regulation  promulgated  thereunder,  shall  be  provided with a written
 description of the anticipated processing of  the  complaint,  including
 investigation,  case conference, potential civil and criminal penalties,
 and collection procedures.
   2. Each employee and his or her [authorized] representative  shall  be
 notified  in  writing of any case conference before it is held and given
 the opportunity to attend.
   3. Each employee and his or her [authorized] representative  shall  be
 notified  in writing of any award and collection of back wages and civil
 penalties, and of any intent to seek criminal penalties.  In  the  event
 that  criminal penalties are sought the employee and his or her [author-
 ized] representative shall be notified of the outcome of prosecution.
   § 9. Section 215 of the labor law, as amended by chapter  564  of  the
 laws of 2010, paragraph (b) of subdivision 1 and paragraph (a) of subdi-
 vision  2  as  amended by chapter 537 of the laws of 2014, is amended to
 read as follows:
   § 215. Penalties and civil action; [prohibited  retaliation]  EMPLOYER
 WHO PENALIZES EMPLOYEES BECAUSE OF COMPLAINT 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 or any
 other  person,]  that  the  employer  has  [engaged  in conduct that the
 employee, reasonably and in good faith, believes violates any  provision
 of]  VIOLATED ANY PROVISION OF this chapter, or [any order issued by the
 commissioner] (ii) [because such employer or person believes  that  such
 employee  has made a complaint to his or her employer, or to the commis-
 sioner or his or her  authorized  representative,  or  to  the  attorney
 general,  or  to  any  other  person  that the employer has violated any
 provision of this chapter, or  any  order  issued  by  the  commissioner
 (iii)] because such employee has caused to be instituted [or is about to
 institute] a proceeding under or related to this chapter, or [(iv)](III)
 because  such  employee  has provided information to the commissioner or
 his or her authorized  representative  [or  the  attorney  general],  or
 [(v)](IV)  because such employee has testified or is about to testify in

 A. 4645                             9
 
 an investigation or proceeding under this chapter, or [(vi)](V)  because
 such  employee has otherwise exercised rights protected under this chap-
 ter, or [(vii)](VI) because the employer has received an adverse  deter-
 mination from the commissioner involving the employee.
   [An  employee  complaint or other communication need not make explicit
 reference to any section or provision of this  chapter  to  trigger  the
 protections of this section.]
   (b) If after investigation the commissioner finds that an employer [or
 person]  has  violated  any  provision of this section, the commissioner
 may, by an order which shall describe particularly  the  nature  of  the
 violation,  assess  the employer [or person] a civil penalty of not less
 than one thousand nor more than ten thousand dollars provided,  however,
 that  if  the  commissioner  finds  that  the  employer has violated the
 provisions of this section in the preceding six years,  he  or  she  may
 assess a civil penalty of not less than one thousand nor more than twen-
 ty  thousand dollars[. The commissioner may also], AND order [all appro-
 priate relief including enjoining the conduct of any person or employer;
 ordering payment of liquidated damages to the employee by the person  or
 entity  in violation; and, where the person or entity in violation is an
 employer ordering rehiring or reinstatement of the employee  to  his  or
 her  former  position  or  an  equivalent position, and an award of lost
 compensation or an award of front pay in lieu of  reinstatement  and  an
 award of lost compensation. Liquidated damages shall be calculated as an
 amount  not  more  than  twenty  thousand  dollars. The commissioner may
 assess liquidated damages on behalf of every  employee  aggrieved  under
 this  section,  in  addition  to  any  other  remedies permitted by this
 section] THE EMPLOYER TO PAY LOST COMPENSATION.
   (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 twenty thousand dollars.
 The court shall award liquidated damages  to  every  employee  aggrieved
 under  this section, in addition to any other remedies permitted by this
 section. The statute of limitations shall be tolled  from  the  date  an
 employee  files  a  complaint  with the commissioner or the commissioner
 commences an investigation, whichever is  earlier,  until  an  order  to
 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.

 A. 4645                            10

   (b)] At or before the commencement of any action under  this  section,
 notice  thereof shall be served upon the attorney general by the employ-
 ee.
   [3.  Any  employer or his or her agent, or the officer or agent of any
 corporation, partnership, or limited liability  company,  or  any  other
 person who violates subdivision one of this section shall be guilty of a
 class B misdemeanor.]
   § 10. Subdivisions 1 and 3 of section 218 of the labor law, as amended
 by chapter 2 of the laws of 2015, 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  directing payment of wages, benefits or wage supplements found to be
 due, [and liquidated damages in the amount of  one  hundred  percent  of
 unpaid  wages,]  such order, if issued to an employer who previously has
 been found in violation of those provisions, rules or regulations, or to
 an employer whose  violation  is  willful  or  egregious,  shall  direct
 payment  to  the commissioner of an additional sum as a civil penalty in
 an amount [not to exceed] EQUAL TO 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  [liqui-
 dated damages in the amount of one hundred percent of unpaid wages, the]
 appropriate civil penalty[, and interest at the rate of interest then in
 effect, as prescribed by the superintendent of financial services pursu-
 ant  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 one hundred percent of unpaid
 wages, and] interest  at  the  rate  of  interest  then  in  effect,  as
 prescribed  by  the  superintendent  of  financial  services 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  rehir-

 A. 4645                            11
 
 ing 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, and 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, the commissioner shall
 assign, without consideration or liability, that portion  of  the  filed
 order  that  constitutes  wages,  wage supplements, interest on wages or
 wage supplements, or liquidated  damages  due  that  employee,  to  that
 employee  and may file an assignment or 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 assignment,
 order or decision shall have the full force and  effect  of  a  judgment
 duly  docketed  in  the  office  of such clerk. The assignment, order or
 decision may be enforced by and in the name of the commissioner,  or  by
 the  employee,  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.
   §  11.  Section 219 of the labor law, as amended by chapter 564 of the
 laws of 2010, the opening paragraph of subdivision 1 as further  amended
 by  section 104 of part A of chapter 62 of the laws of 2011, subdivision
 3 as amended by chapter 2 of the laws of 2015, subdivision 4 as added by
 chapter 537 of the laws of 2014, is amended to read as follows:
   § 219. Violations of certain wage payment provisions; interest, filing
 of order as judgment. 1. If the commissioner determines that an employer
 has failed to pay wages, benefits or wage supplements required  pursuant
 to  article  six (payment of wages), article nineteen (minimum wage act)
 or article [nineteen-A (minimum  wage  standards  and  protective  labor
 practices  for  farm  workers)] NINETEEN-A 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, [liquidated damages in the amount
 of one hundred percent of unpaid wages, and] INCLUDING interest  at  the
 rate  of  interest then in effect as prescribed by the superintendent of
 financial services pursuant to section fourteen-a of the banking law per
 annum from the date of the underpayment to the date of the payment.

 A. 4645                            12
 
   [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,  the  commissioner  shall  assign,  without  consideration  or
 liability, that portion of the filed order that constitutes wages,  wage
 supplements,  interest  on  wages  or  wage  supplements,  or liquidated
 damages due the employee, to that employee and may file an assignment or
 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 assignment, order or decision  shall  have  the  full
 force  and  effect  of  a  judgment  duly docketed in the office of such
 clerk. The assignment, order or decision may be enforced by and  in  the
 name  of  the  commissioner, or by the employee, 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.
   [4. An employer similar in operation and ownership to a prior employer
 found to be in violation of article six, nineteen or nineteen-A of  this
 chapter,  shall  be  deemed  the  same employer for the purposes of this
 section if the employees of  the  subsequent  employer  are  engaged  in
 substantially the same work in substantially the same working conditions
 under  substantially  the  same  supervisors,  or  if the new entity has
 substantially the same production process,  produces  substantially  the
 same  products  and has substantially the same body of customers. Such a
 subsequent employer will continue to be  subject  to  this  section  and
 shall be liable for the acts of the prior employer under this section.]
   § 12. Section 219-c of the labor law is REPEALED.
   §  13.  Section 661 of the labor law, as amended by chapter 564 of the
 laws of 2010, is amended to read as follows:
   § 661. Records of employers. [For all employees covered by this  arti-
 cle,  every] EVERY employer shall [establish, maintain, and preserve for
 not less than six years  contemporaneous,]  KEEP  true[,]  and  accurate
 [payroll]  records [showing for each week worked the] OF hours worked BY
 EACH EMPLOYEE COVERED BY AN HOURLY MINIMUM WAGE RATE, the [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]  WAGES PAID TO ALL EMPLOYEES, AND such other
 information as the commissioner deems material and necessary[.  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 must include the regu-
 lar  hourly rate or rates of pay, the overtime rate or rates of pay, the

 A. 4645                            13

 number of regular hours worked, and the number of overtime hours worked.
 For all employees paid a piece rate, the payroll records  shall  include
 the applicable piece rate or rates of pay and number of pieces completed
 at  each  piece  rate.    On], AND SHALL ON demand[, the employer shall]
 furnish to the commissioner or  his  duly  authorized  representative  a
 sworn  statement  of  the  [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 information as the commissioner deems material and necessary]SAME.
 Every employer shall keep such records open to inspection by the commis-
 sioner  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 commis-
 sioner,  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 commissioner or his
 duly authorized 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.
   §  14.  Section 662 of the labor law, as amended by chapter 564 of the
 laws of 2010, is amended to read as follows:
   § 662. Penalties. 1. [Failure to pay minimum wage or overtime  compen-
 sation]  DISCRIMINATION  AGAINST  EMPLOYEE.  ANY  EMPLOYER OR HIS OR HER
 AGENT, OR THE OFFICER OR AGENT OF ANY CORPORATION, WHO DISCHARGES OR  IN
 ANY OTHER MANNER DISCRIMINATES AGAINST ANY EMPLOYEE BECAUSE SUCH EMPLOY-
 EE  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 INVESTIGATION
 OR PROCEEDING UNDER THIS ARTICLE, SHALL BE GUILTY OF A CLASS B MISDEMEA-
 NOR.
   2. PAYMENT OF LESS THAN MINIMUM WAGE.   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 [upon conviction therefor  shall  be  fined  not
 less  than  five hundred nor more than twenty thousand dollars or impri-
 soned 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 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, or punished by both  such  fine
 and  imprisonment,  for  each  such  offense.  Each] EACH payment to any
 employee in any week of less than the wage applicable under this article
 shall constitute a separate offense.
   [2.] 3. Failure to keep records. Any employer or his or her agent,  or
 the  officer  or  agent  of  any  corporation[,  partnership, or limited
 liability 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  author-

 A. 4645                            14
 
 ized  representative  upon request, or who hinders or delays the commis-
 sioner 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  repre-
 sentative,  or  refuses  to furnish a sworn statement of such records or
 any other information required for the proper enforcement of this  arti-
 cle  to  the commissioner or his or her authorized representative, shall
 be guilty of a CLASS B 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, 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] 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.
   § 15. Section 663 of the labor law, as amended by chapter 564  of  the
 laws of 2010, subdivision 3 as amended by chapter 2 of the laws of 2015,
 is amended to read as follows:
   § 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 [shall] MAY recover in a civil
 action the amount of any such underpayments, together with  costs  [all]
 AND  SUCH  reasonable attorney's fees, [prejudgment interest as required
 under the civil practice law and rules] AS MAY BE ALLOWED BY THE  COURT,
 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 [one hundred] TWENTY-FIVE percent
 of the total of such underpayments found to be due[. Any]  THE  EMPLOYEE
 AND  ANY  agreement  between  the employee, and the employer to work for
 less than such wage shall be no defense to such action.
   2. By commissioner. On behalf of any employee paid less than the  wage
 to  which the employee is entitled under the provisions of this article,
 the commissioner may bring any legal action necessary, including  admin-
 istrative  action,  to  collect  such  claim,  and the employer shall be
 required to pay [the full amount of the underpayment, plus]  costs,  and
 unless the employer proves a good faith basis to believe that its under-
 payment  was  in compliance with the law, an additional amount as liqui-
 dated damages EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL OF  SUCH  UNDER-
 PAYMENTS  FOUND  TO  BE DUE THE EMPLOYEE.   [Liquidated damages shall be
 calculated by the commissioner as no more than one  hundred  percent  of
 the  total  amount of underpayments found to be due the employee. In any
 action brought by the commissioner in a court of competent jurisdiction,

 A. 4645                            15

 liquidated damages shall be calculated as an amount equal to one hundred
 percent of underpayments found to be due the employee.]
   3.  Limitation of time. Notwithstanding any other provision of law, an
 action to recover upon a liability  imposed  by  this  article  must  be
 commenced  within six years. [The statute of limitations shall be tolled
 from the date an employee files a complaint with the commissioner or the
 commissioner commences an investigation, whichever is earlier, until  an
 order  to  comply issued by the commissioner becomes final, or where the
 commissioner does not issue an  order,  until  the  date  on  which  the
 commissioner   notifies  the  complainant  that  the  investigation  has
 concluded. Investigation by the commissioner shall not be a prerequisite
 to nor a bar against a person bringing a civil action under  this  arti-
 cle.
   4.  Attorneys'  fees.  In  any  civil  action by an employee or by the
 commissioner, the employee or  commissioner  shall  have  the  right  to
 collect  attorneys' fees and costs incurred in enforcing any court judg-
 ment. Any judgment or court order awarding remedies under  this  section
 shall  provide  that if any amounts remain unpaid upon the expiration of
 ninety days following issuance of judgment, or ninety days after expira-
 tion of the time to appeal and no  appeal  therefrom  is  then  pending,
 whichever  is  later,  the  total amount of judgment shall automatically
 increase by fifteen percent.]
   § 16. This act shall take effect immediately.