N.Y. LAB Law § 198 — New York Code / Act LAB / Article 6 / Section 198
Costs, remedies
Status: in_force

§ 198. Costs, remedies. 1. In any action instituted upon a wage claim\nby an employee or the commissioner in which the employee prevails, the\ncourt may allow such employee in addition to ordinary costs, a\nreasonable sum, not exceeding fifty dollars for expenses which may be\ntaxed as costs. No assignee of a wage claim, except the commissioner,\nshall be benefited by this provision.\n  1-a. On behalf of any employee paid less than the wage to which they\nare entitled under the provisions of this article, the commissioner may\nbring any legal action necessary, including administrative action, to\ncollect such claim and as part of such legal action, in addition to any\nother remedies and penalties otherwise available under this article, the\ncommissioner shall assess against the employer the full amount of any\nsuch underpayment, and an additional amount as liquidated damages,\nunless the employer proves a good faith basis for believing that its\nunderpayment of wages was in compliance with the law. Liquidated damages\nshall be calculated by the commissioner as no more than one hundred\npercent of the total amount of wages found to be due, except such\nliquidated damages may be up to three hundred percent of the total\namount of the wages found to be due for a willful violation of section\none hundred ninety-four of this article. In any action instituted in the\ncourts upon a wage claim by an employee or the commissioner in which the\nemployee prevails, the court shall allow such employee to recover the\nfull amount of any underpayment, all reasonable attorney's fees,\nprejudgment interest as required under the civil practice law and rules,\nand, unless the employer proves a good faith basis to believe that its\nunderpayment of wages was in compliance with the law, an additional\namount as liquidated damages equal to one hundred percent of the total\namount of the wages found to be due, except such liquidated damages may\nbe up to three hundred percent of the total amount of the wages found to\nbe due for a willful violation of section one hundred ninety-four of\nthis article. Notwithstanding the provisions of this subdivision,\nliquidated damages shall not be applicable to violations of paragraph a\nof subdivision one of section one hundred ninety-one of this article\nwhere the employer paid the employee wages on a regular payday, no less\nfrequently than semi-monthly. Such violations shall be subject to\ndamages as follows:\n  (i) no more than one hundred percent of the lost interest found to be\ndue for the delayed payment of wages calculated using a daily interest\nrate for each day payment is late based on the annual rate of interest\nthen in effect, as prescribed by the superintendent of financial\nservices pursuant to section fourteen-a of the banking law for the\nemployer's first violation; or\n  (ii) for conduct occurring after the effective date of this paragraph,\nliquidated damages equal to one hundred percent of the total amount of\nwages found to be due in violation of paragraph a of subdivision one of\nsection one hundred ninety-one of this article for any employer who,\nafter the effective date of this paragraph, has been subject to one or\nmore previous findings and orders for violations of paragraph a of\nsubdivision one of section one hundred ninety-one of this article for\nwhich no proceeding for administrative or judicial review as provided in\nthis chapter is pending and the time for initiation of such proceeding\nshall have expired and relating to employees performing the same work.\n  For purposes of this subdivision, an order shall mean a single final\norder or determination made by the commissioner or a court of competent\njurisdiction, regardless of the number of employees or the time period\nthat was subject to such order.\n  1-b. If any employee is not provided within ten business days of his\nor her first day of employment a notice as required by subdivision one\nof section one hundred ninety-five of this article, he or she may\nrecover in a civil action damages of fifty dollars for each work day\nthat the violations occurred or continue to occur, but not to exceed a\ntotal of five thousand dollars, together with costs and reasonable\nattorney's fees. The court may also award other relief, including\ninjunctive and declaratory relief, that the court in its discretion\ndeems necessary or appropriate.\n  On behalf of any employee not provided a notice as required by\nsubdivision one of section one hundred ninety-five of this article, the\ncommissioner may bring any legal action necessary, including\nadministrative action, to collect such claim, and as part of such legal\naction, in addition to any other remedies and penalties otherwise\navailable under this article, the commissioner may assess against the\nemployer damages of fifty dollars for each work day that the violations\noccurred or continue to occur, but not to exceed a total of five\nthousand dollars. In any action or administrative proceeding to recover\ndamages for violation of paragraph (a) of subdivision one of section one\nhundred ninety-five of this article, it shall be an affirmative defense\nthat (i) the employer made complete and timely payment of all wages due\npursuant to this article or article nineteen or article nineteen-A of\nthis chapter to the employee who was not provided notice as required by\nsubdivision one of section one hundred ninety-five of this article or\n(ii) the employer reasonably believed in good faith that it was not\nrequired to provide the employee with notice pursuant to subdivision one\nof section one hundred ninety-five of this article.\n  1-d. If any employee is not provided a statement or statements as\nrequired by subdivision three of section one hundred ninety-five of this\narticle, he or she shall recover in a civil action damages of two\nhundred fifty dollars for each work day that the violations occurred or\ncontinue to occur, but not to exceed a total of five thousand dollars,\ntogether with costs and reasonable attorney's fees. The court may also\naward other relief, including injunctive and declaratory relief, that\nthe court in its discretion deems necessary or appropriate.\n  On behalf of any employee not provided a statement as required by\nsubdivision three of section one hundred ninety-five of this article,\nthe commissioner may bring any legal action necessary, including\nadministrative action, to collect such claim, and as part of such legal\naction, in addition to any other remedies and penalties otherwise\navailable under this article, the commissioner may assess against the\nemployer damages of two hundred fifty dollars for each work day that the\nviolations occurred or continue to occur, but not to exceed a total of\nfive thousand dollars. In any action or administrative proceeding to\nrecover damages for violation of subdivision three of section one\nhundred ninety-five of this article, it shall be an affirmative defense\nthat (i) the employer made complete and timely payment of all wages due\npursuant to this article or articles nineteen or nineteen-A of this\nchapter to the employee who was not provided statements as required by\nsubdivision three of section one hundred ninety-five of this article or\n(ii) the employer reasonably believed in good faith that it was not\nrequired to provide the employee with statements pursuant to paragraph\n(e) of subdivision one of section one hundred ninety-five of this\narticle.\n  2. The remedies provided by this article may be enforced\nsimultaneously or consecutively so far as not inconsistent with each\nother.\n  3. Notwithstanding any other provision of law, an action to recover\nupon a liability imposed by this article must be commenced within six\nyears.  The statute of limitations shall be tolled from the date an\nemployee files a complaint with the commissioner or the commissioner\ncommences an investigation, whichever is earlier, until an order to\ncomply issued by the commissioner becomes final, or where the\ncommissioner does not issue an order, until the date on which the\ncommissioner notifies the complainant that the investigation has\nconcluded. Investigation by the commissioner shall not be a prerequisite\nto nor a bar against a person bringing a civil action under this\nsection. All employees shall have the right to recover full wages,\nbenefits and wage supplements and liquidated damages accrued during the\nsix years previous to the commencing of such action, whether such action\nis instituted by the employee or by the commissioner. There is no\nexception to liability under this section for the unauthorized failure\nto pay wages, benefits or wage supplements.\n  4. In any civil action by an employee or by the commissioner, the\nemployee or commissioner shall have the right to collect attorney's fees\nand costs incurred in enforcing any court judgment. Any judgment or\ncourt order awarding remedies under this section shall provide that if\nany amounts remain unpaid upon the expiration of ninety days following\nissuance of judgment, or ninety days after expiration of the time to\nappeal and no appeal is then pending, whichever is later, the total\namount of judgment shall automatically increase by fifteen percent.\n