NY Lab L § 663 (2021)
2021 New York Laws LAB - Labor Article 19 - Minimum Wage Act 663 - Civil Action.

§ 663. Civil action. 1. By employee. If any employee is paid by his or   her employer less than the wage to which he or she is entitled under the   provisions  of  this  article, he or she shall recover in a civil action   the amount of any such underpayments, together with costs 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  of  such  underpayments  found  to  be due. Any   agreement between the employee, and the employer to work for  less  than   such wage shall be no defense to such action.2.  By commissioner. On behalf of any employee paid less than the wage   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.3. Limitation of time. 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   article.4. Attorneys' fees. In any civil action  by  an  employee  or  by  the   commissioner,  the  employee  or  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.