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This entry was published on 2021-04-02
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Failure to protest underpayments
§ 236. Failure to protest underpayments. Notwithstanding any
inconsistent provision of this chapter or of any other general, special
or local law, ordinance, charter or administrative code, a service
employee shall not be barred from his right to recover the difference
between the amount actually paid to him and the amount which should have
been paid to him pursuant to an order entered under the provisions of
this article because of the prior receipt by him without protest of
wages paid or on account of his failure to state orally or in writing
upon any payroll or receipt which he is required to sign that the wages
received by him are received under protest, or on account of his failure
to indicate his protest against the amount, or that the amount so paid
does not constitute payment in full of wages due him for the period
covered by such payment.