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New York Labor - Article 6 - § 198 Costs, Remedies

Legal Research Home > New York Laws > Labor > New York Labor - Article 6 - § 198 Costs, Remedies

 
    §  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
  reasonable 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 assess against the employer the  full  amount  of
  any  such  underpayment, and an additional amount as liquidated damages,
  unless the employer proves a good faith basis  for  believing  that  its
  underpayment of wages was in compliance with the law. Liquidated damages
  shall  be  calculated  by  the  commissioner as no more than one hundred
  percent of the total amount of wages found to  be  due.  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 additional amount as liquidated damages equal to one hundred
  percent of the total amount of the wages found to be due.
    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  week
  that  the  violations occurred or continue to occur, but not to exceed a
  total of two thousand five hundred  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
  subdivision one of section one hundred ninety-five 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 may  assess  against  the
  employer damages of fifty dollars for each work week that the violations
  occurred   or  continue  to  occur.  In  any  action  or  administrative
  proceeding  to  recover  damages  for  violation  of  paragraph  (d)  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 chapter to the employee  who  was
  not  provided  notice  as  required  by  subdivision  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  one
  hundred  dollars  for  each  work  week  that the violations occurred or
  continue to occur, but not to exceed  a  total  of  twenty-five  hundred
  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
  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 may  assess  against  the
  employer  damages  of  one  hundred  dollars for each work week that the
  violations  occurred  or  continue  to   occur.   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 article.
    2.   The   remedies   provided   by   this  article  may  be  enforced
  simultaneously or consecutively so far as  not  inconsistent  with  each
  other.
    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
  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
  section. All employees shall have  the  right  to  recover  full  wages,
  benefits  and wage supplements and liquidated damages accrued during the
  six years previous 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.

Last modified: February 16, 2012