NY Lab L § 196 (2021)
2021 New York Laws LAB - Labor Article 6 - Payment of Wages 196 - Powers of Commissioner.

§  196.  Powers  of  commissioner. 1. In addition to the powers of the   commissioner  specified  in  other  sections  of   this   chapter,   the   commissioner shall have the following duties, powers and authority:a.  He  or  she  shall  investigate  and  attempt  to adjust equitably   controversies between employers and employees relating to this  article,   or article five, seven, nineteen or nineteen-A of this chapter.b.  He  or  she  may  take  assignments of claims for wages under this   chapter from employees or third parties in trust for such  employees  or   for   the  benefit  of  various  funds  for  such  employees.  All  such   assignments shall run to the commissioner and his or  her  successor  in   office. The commissioner may sue employers on wage claims thus assigned,   with the benefits and subject to the provisions of existing law applying   to actions by employees for collection of wages. He or she may join in a   single action any number of wage claims against the same employer.c.  He  or  she  may  institute proceedings on account of any criminal   violation of any provision of this  article,  or  article  five,  seven,   nineteen or nineteen-A of this chapter.d.  If  it  shall  appear  to  him  or  her that any employer has been   convicted of a violation of any provision of  this  article  or  article   nineteen  or  nineteen-A  of  this  chapter  or that any order to comply   issued against an employer under this chapter remains unsatisfied for  a   period  of  ten days after the time to appeal therefrom has expired, and   that no appeal therefrom is then pending, the commissioner  may  require   such employer to deposit with him or her a bond in such sum as he or she   may deem sufficient and adequate in the circumstances, together with two   or  more sureties or a duly authorized surety company, to be approved by   the commissioner. The bond shall be  payable  to  the  commissioner  and   shall  be  conditioned  that  the  employer  will, for a definite future   period, not exceeding two years, pay his or her employees in  accordance   with the provisions of this article or article nineteen or nineteen-A of   this  chapter,  and shall be further conditioned upon the payment by the   employer of any amounts due pursuant to an order to comply  or  judgment   against  such  employer  pursuant  to  the provisions of this article or   article nineteen or nineteen-A of this chapter.If within ten days after demand for such bond,  which  demand  may  be   made  by  certified  or  registered  mail,  such  employer shall fail to   deposit the same, the commissioner may bring an action in the  name  and   on  behalf  of the people of the state of New York against such employer   in the supreme court to compel such employer to furnish such a  bond  or   to  cease doing business until he or she has done so. The employer shall   have the burden of proving that either such a  bond  is  unnecessary  or   that  the amount demanded is excessive. If the court finds that there is   just cause for requiring the bond and that same is reasonably  necessary   or proper to secure prompt payment of the wages of the employees of such   employer  and  his or her compliance with the provisions of this article   or article nineteen or nineteen-A of this chapter, the court may  enjoin   such  employer  and such other person or persons as may have been or may   be concerned with or in any way participating in the failure to pay  the   wages  resulting in the conviction or order to comply as aforesaid, from   doing business until the requirement is met and make other  and  further   orders appropriate to compel compliance with the requirement.If  any  order to comply issued against an employer under this article   or article nineteen or nineteen-A of this  chapter  remains  unsatisfied   for a period of ten days after the time to appeal therefrom has expired,   and  that  no  appeal  therefrom  is  then pending, the commissioner may   require the employer to provide an accounting of assets of the employer,   including but not limited to, a list  of  all  bank  accounts,  accounts   receivable,  personal  property,  real  property,  automobiles  or other    vehicles, and any other assets, in a form and manner  as  prescribed  by   the  commissioner. An employer shall provide such amended accountings of   assets as the commissioner shall order. If within ten days after  demand   for  such an accounting of assets, which demand may be made by certified   or registered mail, such employer shall fail to provide same, or if  the   employer  fails  to provide an amended accounting as required under this   section, the commissioner may bring an action in the name and on  behalf   of  the  people  of  the  state of New York against such employer in the   supreme court to compel such employer to furnish the accounting and  pay   a civil penalty of no more than ten thousand dollars.e.  He  or  she  is  hereby  authorized  and  empowered  to enter into   reciprocal agreements with the labor department or corresponding  agency   of  any  other  state  or with the person, board, officer, or commission   authorized to act on behalf  of  such  department  or  agency,  for  the   collection  in such other states of claims and judgments for wages based   upon claims assigned to the commissioner.The commissioner may, to the extent provided  for  by  any  reciprocal   agreement  entered  into  by  law or with any agency of another state as   herein provided, maintain actions in the courts of such other state  for   the  collection  of  claims  and judgments for wages and may assign such   claims and judgments to the labor department or  agency  of  such  other   state  for  collection  to  the  extent  that  such an assignment may be   permitted or provided for by the law of  such  state  or  by  reciprocal   agreement.The commissioner may, upon the written consent of the labor department   or  other  corresponding  agency  of  any  other state or of any person,   board, officer or commission of such state authorized to act  on  behalf   of  such  labor  department or corresponding agency, maintain actions in   the courts of this state upon assigned claims and  judgments  for  wages   arising  in  such  other state in the same manner and to the same extent   that such actions by the commissioner are  authorized  when  arising  in   this  state. However, such actions may be maintained only in cases where   such other state by law or reciprocal agreement extends a like comity to   cases arising in this state.2. Nothing in  this  section  shall  be  construed  as  requiring  the   commissioner  in  every  instance  to  investigate and attempt to adjust   controversies, or to take assignments of wage claims,  or  to  institute   criminal  prosecutions  for  any violation under this article or article   five, seven, nineteen or nineteen-A of this chapter, but he or she shall   be deemed vested with discretion in such matters.