NY Lab L § 219 (2021)
2021 New York Laws LAB - Labor Article 7 - General Provisions 219 - Violations of Certain Wage Payment Provisions; Interest, Filing of Order as Judgment.

§ 219. Violations of certain wage payment provisions; interest, filing   of order as judgment. 1. If the commissioner determines that an employer   has  failed to pay wages, benefits or wage supplements required pursuant   to article six (payment of wages), article nineteen (minimum  wage  act)   or  article  nineteen-A  (minimum  wage  standards  and protective labor   practices for farm workers) of this chapter, or  a  rule  or  regulation   promulgated  thereunder, the commissioner shall issue to the employer an   order directing compliance therewith, which shall describe  particularly   the  nature  of  the  alleged  violation.  A copy of such order shall be   provided to any employee who has filed a complaint and  to  his  or  her   authorized  representative.  Such order shall direct payment of wages or   supplements found to be due, liquidated damages in  the  amount  of  one   hundred  percent  of  unpaid wages, and interest at the rate of interest   then in effect as prescribed by the superintendent of financial services   pursuant to section fourteen-a of the banking law  per  annum  from  the   date of the underpayment to the date of the payment.At  the  discretion  of  the commissioner, the commissioner shall have   full authority to provide for inclusion of an automatic fifteen  percent   additional  amount  of  damages to come due and owing upon expiration of   ninety days from an order to comply  becoming  final.  The  commissioner   shall  provide  written notice to the employer in the order to comply of   this additional damage.2. An order issued under subdivision one  of  this  section  shall  be   final  and not subject to review by any court or agency unless review is   had pursuant to section one hundred one of this chapter.3. Provided that no proceeding for administrative or  judicial  review   as  provided  in  this  chapter  shall  then be pending and the time for   initiation of such proceeding shall have expired, the  commissioner  may   file  with  the county clerk of the county where the employer resides or   has a place of business the order of the commissioner or the decision of   the industrial board of appeals containing the amount found to  be  due,   including,  at  the  commissioner's  discretion,  an  additional fifteen   percent damages upon any outstanding monies owed. At the request  of  an   employee,  the  commissioner  shall  assign,  without  consideration  or   liability, that portion of the filed order that constitutes wages,  wage   supplements,  interest  on  wages  or  wage  supplements,  or liquidated   damages due the employee, to that employee and may file an assignment or   order in that amount in the name of such employee with the county  clerk   of the county where the employer resides or has a place of business. The   filing  of  such assignment, order or decision shall have the full force   and effect of a judgment duly docketed in the office of such clerk.  The   assignment,  order or decision may be enforced by and in the name of the   commissioner, or by the employee, in the  same  manner,  and  with  like   effect,  as  that prescribed by the civil practice law and rules for the   enforcement of a money judgment.4. An employer similar in operation and ownership to a prior  employer   found  to be in violation of article six, nineteen or nineteen-A of this   chapter, shall be deemed the same employer  for  the  purposes  of  this   section  if  the  employees  of  the  subsequent employer are engaged in   substantially the same work in substantially the same working conditions   under substantially the same supervisors,  or  if  the  new  entity  has   substantially  the  same  production process, produces substantially the   same products and has substantially the same body of customers.  Such  a   subsequent  employer  will  continue  to  be subject to this section and   shall be liable for the acts of the prior employer under this section.