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This entry was published on 2014-09-22
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Enforcement of the provisions of this article
§ 227. Enforcement of the provisions of this article. The procedure
for ascertaining and determining the hours of labor and the prevailing
rate of wage shall be as prescribed by section two hundred and twenty of
this chapter, except that the "fiscal officer," referred to therein
shall in every instance, for the purposes of this article be the state
industrial commissioner.

Upon the entry of any order of the industrial commissioner affecting
either such hours of labor or rate of wages, any party to the proceeding
aggrieved thereby may bring a proceeding for review pursuant to article
seventy-eight of the civil practice law and rules within thirty days
from the notice of the filing of such order in the office of the
industrial commissioner. If such order is not reviewed or is so reviewed
and confirmed and the determination is in favor of the complainant and
involves or relates to the rate of wages paid on such public work, the
complainant or any other person affected may within three months after
the service of notice of the filing of such order, or the judgment if
the order is reviewed, institute an action against the person or
corporation found violating this article for the recovery of the
difference between the sum actually paid and the amount which should
have been paid as determined by such order for the period following the
date of the filing with the industrial commissioner of the complaint or
of the report of investigation made by the industrial commissioner on
his own initiative.

When an order of the industrial commissioner has been made, any person
or corporation that wilfully refuses thereafter to pay the prevailing
rate of wages determined by said order or wilfully employs on such
public work, laborers, workmen or mechanics more than the hours per day
determined by such order until such order has been changed by the
industrial commissioner or by the court after adjudication upon the
merits, shall be guilty of a misdemeanor and upon conviction shall be
punished, for a first offense by a fine of five hundred dollars or by
imprisonment for not more than thirty days, or by both such fine and
imprisonment; for a second offense by a fine of one thousand dollars or
by imprisonment for not more than ninety days or by both such fine and
imprisonment, and after conviction of a second offense no such person or
corporation shall be entitled to receive any sum of money nor shall any
officer, agent or employee of the state or of a municipal corporation or
of a board or commission appointed pursuant to law pay the same or
authorize its payment from the funds under his charge or control to any
such person or corporation or to any other person or corporation for or
on account of work done upon any such contract.