NY Lab L § 198 (2021)
2021 New York Laws LAB - Labor Article 6 - Payment of Wages 198 - Costs, Remedies.

§  198. Costs, remedies. 1. In any action instituted upon a wage claim   by an employee or the commissioner in which the employee  prevails,  the   court  may  allow  such  employee  in  addition  to  ordinary  costs,  a   reasonable sum, not exceeding fifty dollars for expenses  which  may  be   taxed  as  costs.  No assignee of a wage claim, except the commissioner,   shall be benefited by this provision.1-a. On behalf of any employee paid less than the wage to which he  or   she  is  entitled under the provisions of this article, the commissioner   may bring any legal action necessary, including  administrative  action,   to  collect  such claim and as part of such legal action, in addition to   any other remedies and penalties otherwise available under this article,   the commissioner shall assess against the employer the  full  amount  of   any  such  underpayment, and an additional amount as liquidated damages,   unless the employer proves a good faith basis  for  believing  that  its   underpayment of wages was in compliance with the law. Liquidated damages   shall  be  calculated  by  the  commissioner as no more than one hundred   percent of the total amount of  wages  found  to  be  due,  except  such   liquidated  damages  may  be  up  to  three hundred percent of the total   amount of the wages found to be due for a willful violation  of  section   one hundred ninety-four of this article. In any action instituted in the   courts upon a wage claim by an employee or the commissioner in which the   employee  prevails,  the  court shall allow such employee to recover the   full  amount  of  any  underpayment,  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   amount of the wages found to be due, except such liquidated damages  may   be up to three hundred percent of the total amount of the wages found to   be  due  for  a  willful violation of section one hundred ninety-four of   this article.1-b. If any employee is not provided within ten business days  of  his   or  her  first day of employment a notice as required by subdivision one   of section one hundred ninety-five  of  this  article,  he  or  she  may   recover  in  a  civil  action damages of fifty dollars for each work day   that the violations occurred or continue to occur, but not to  exceed  a   total  of  five  thousand  dollars,  together  with costs and reasonable   attorney's fees. The  court  may  also  award  other  relief,  including   injunctive  and  declaratory  relief,  that  the court in its discretion   deems necessary or appropriate.On behalf of any  employee  not  provided  a  notice  as  required  by   subdivision  one of section one hundred ninety-five of this article, the   commissioner  may  bring   any   legal   action   necessary,   including   administrative  action, to collect such claim, and as part of such legal   action, in addition  to  any  other  remedies  and  penalties  otherwise   available  under  this  article, the commissioner may assess against the   employer damages of fifty dollars for each work day that the  violations   occurred  or  continue  to  occur,  but  not  to  exceed a total of five   thousand dollars. In any action or administrative proceeding to  recover   damages for violation of paragraph (a) of subdivision one of section one   hundred  ninety-five of this article, it shall be an affirmative defense   that (i) the employer made complete and timely payment of all wages  due   pursuant  to  this  article or article nineteen or article nineteen-A of   this chapter to the employee who was not provided notice as required  by   subdivision  one  of  section one hundred ninety-five of this article or   (ii) the employer reasonably believed in good  faith  that  it  was  not   required to provide the employee with notice pursuant to subdivision one   of section one hundred ninety-five of this article. 1-d.  If  any  employee  is  not provided a statement or statements as   required by subdivision three of section one hundred ninety-five of this   article, he or she shall recover  in  a  civil  action  damages  of  two   hundred  fifty dollars for each work day that the violations occurred or   continue  to  occur, but not to exceed a total of five thousand dollars,   together with costs and reasonable attorney's fees. The court  may  also   award  other  relief,  including injunctive and declaratory relief, that   the court in its discretion deems necessary or appropriate.On behalf of any employee not provided  a  statement  as  required  by   subdivision  three  of  section one hundred ninety-five of this article,   the  commissioner  may  bring  any  legal  action  necessary,  including   administrative  action, to collect such claim, and as part of such legal   action, in addition  to  any  other  remedies  and  penalties  otherwise   available  under  this  article, the commissioner may assess against the   employer damages of two hundred fifty dollars for each work day that the   violations occurred or continue to occur, but not to exceed a  total  of   five  thousand  dollars.  In  any action or administrative proceeding to   recover damages for  violation  of  subdivision  three  of  section  one   hundred  ninety-five of this article, it shall be an affirmative defense   that (i) the employer made complete and timely payment of all wages  due   pursuant  to  this  article  or  articles nineteen or nineteen-A of this   chapter to the employee who was not provided statements as  required  by   subdivision  three of section one hundred ninety-five of this article or   (ii) the employer reasonably believed in good  faith  that  it  was  not   required  to  provide the employee with statements pursuant to paragraph   (e) of subdivision one  of  section  one  hundred  ninety-five  of  this   article.2.   The   remedies   provided   by   this  article  may  be  enforced   simultaneously or consecutively so far as  not  inconsistent  with  each   other.3.  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   section. All employees shall have  the  right  to  recover  full  wages,   benefits  and wage supplements and liquidated damages accrued during the   six years previous to the commencing of such action, whether such action   is instituted by the employee  or  by  the  commissioner.  There  is  no   exception  to  liability under this section for the unauthorized failure   to pay wages, benefits or wage supplements.4. In any civil action by an employee  or  by  the  commissioner,  the   employee or commissioner shall have the right to collect attorney's 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  is  then pending, whichever is later, the total   amount of judgment shall automatically increase by fifteen percent.