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This entry was published on 2021-04-02
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Civil action
§ 696-g. Civil action. 1. On behalf of any employee paid less than the
applicable standard rate to which the employee is entitled under the
provisions of this article, the commissioner may bring any legal action
necessary, including administrative 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 underpayment was in compliance with the law,
an additional amount as liquidated damages. 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,
liquidated damages shall be calculated as an amount equal to one hundred
percent of underpayments found to be due the employee.

2. 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

3. In any civil action by the commissioner, the commissioner shall
have the right to collect attorneys' 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 therefrom is then pending, whichever is later, the total amount
of judgment shall automatically increase by fifteen percent.