NY Lab L § 676 (2021)
2021 New York Laws LAB - Labor Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers 676 - Appeals From Regulations.

§  676.  Appeals from regulations.  1. Finality. Any regulation issued   by the commissioner pursuant to this article shall, unless appealed from   as provided in this section, be final. The findings of the  commissioner   as to the facts shall be conclusive.2.  Review  by board of standards and appeals. Any person in interest,   including a labor organization or employer association, who is aggrieved   by such regulation may obtain review before the board of  standards  and   appeals by filing with said board, within forty-five days after the date   of  the publication of the notice of such regulation, a written petition   requesting that the regulation be modified or set aside. A copy of  such   petition shall be served promptly upon the commissioner. On such appeal,   the  commissioner shall certify and file with the board of standards and   appeals a transcript of the entire record, including the  testimony  and   evidence upon which such regulation was made. The board of standards and   appeals, upon the record certified and filed by the commissioner, shall,   after  oral  argument, determine whether the regulation appealed from is   contrary to law. Within forty-five days after the expiration of the time   for the filing of a petition, the board of standards and  appeals  shall   issue  an  order  confirming,  amending  or setting aside the regulation   appealed from. The appellate jurisdiction of the board of standards  and   appeals  shall  be  exclusive  and  its order final except that the same   shall be subject to an appeal taken directly to the  appellate  division   of the supreme court, third judicial department, within sixty days after   its  order  is issued. The commissioner shall be considered an aggrieved   party entitled to take an appeal from an order of the board of standards   and appeals.3. Security. The taking of an appeal by an employer to  the  board  of   standards  and  appeals  shall  not  operate as a stay of a minimum wage   regulation issued under this article unless and until, and only so  long   as, the employer shall have provided security determined by the board of   standards  and  appeals  in  accordance  with this section. The security   shall be sufficient to guarantee to the employees affected  the  payment   of  the  difference  between  the wage they receive and the minimum wage   they would be entitled to receive under the terms of  the  minimum  wage   regulation   (such   difference   being   hereinafter   referred  to  as   "underpayments") in the event that such regulation is  affirmed  by  the   board of standards and appeals. The security shall be either:a.  A  bond  filed with the board of standards and appeals issued by a   fidelity or surety company authorized to do business in this state.  The   bond shall be sufficient to cover the amount of underpayments due at the   time the bond is filed with the board of standards and appeals  and  the   amount of underpayments that can reasonably be expected to accrue within   the following sixty days; orb.  An  escrow  account  established  by  the  employer  in  behalf of   employees and, deposited in a bank or trust company in  this  state,  of   which  the  employer  has notified the board of standards and appeals in   writing that he has established  such  account.  The  account  shall  be   sufficient  to  cover  the  amount  of  underpayments due at the time of   notification to the board of standards and appeals  and  shall  be  kept   current  by  the employer depositing therein the amount of underpayments   accruing each and every pay period. Such deposits shall be made no later   than the day on which the wages for each pay period are payable.  As  an   alternative thereto, an employer may deposit the amount of underpayments   due at the time the deposit is made and the amount of underpayments that   can reasonably be expected to accrue within the following sixty days, as   determined  by  the  board  of standards and appeals. The employer shall   keep accurate records showing the total  amount  of  each  deposit,  the   period covered, and the name and address of each employee and the amount    deposited  to  his account. The employees escrow account shall be deemed   to be a trust fund for the benefit of the  employees  affected,  and  no   bank  or  trust  company shall release funds in such account without the   written approval of the board of standards and appeals.4.  Maintenance  of  security. The commissioner, at the request and on   behalf of the board of standards and appeals, shall have  the  right  to   inspect  the  books  and  records  of  every employer who appeals or who   provides a  security  in  accordance  with  subdivision  eight  of  this   section. In the event that the board of standards and appeals finds that   the security provided by an employer is insufficient to cover the amount   of underpayments, it shall notify the employer to increase the amount of   the  security.  If  the  employer  fails to increase the security of the   amount requested within seven days after such notice, the stay shall  be   terminated.  If the board of standards and appeals finds that the amount   of the security is excessive, it shall decrease the amount  of  security   required.5.  Review  of  determination  as  to  security.  Notwithstanding  any   provision in this chapter, any determination of the board  of  standards   and  appeals  with  reference  to  subdivisions  three  and four of this   section shall be reviewable only by a special proceeding  under  article   seventy-eight  of  the  civil  practice  law and rules instituted in the   supreme court in the third judicial district within ten days after  such   determination.6. Security on court review. In the event that an appeal is taken from   the  order of the board of standards and appeals to the supreme court in   the third judicial district pursuant to subdivision two of this section,   the court may continue the security in effect or require  such  security   as it deems proper.7.  Waiver of security. Notwithstanding any provision in this section,   the board of standards and appeals may, in  its  discretion,  waive  the   requirement of a security for an employer who the board of standards and   appeals  finds  is  of  such  financial  responsibility that payments to   employees of any underpayments due or to accrue are assured without  the   security provided by this section.8.  Stay  for other employers. Any employer affected by a minimum wage   regulation from which an appeal has been taken by  another  employer  to   the  board of standards and appeals or to the supreme court in the third   judicial district, may obtain a  stay  of  proceedings  against  him  by   providing  a  security in accordance with subdivisions three and four of   this section within thirty days after the filing of the  appeal  by  the   other employer.