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This entry was published on 2015-03-13
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Violations of certain wage payment provisions; interest, filing of order as judgment
§ 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) 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 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.

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.