NY Work Comp L § 141-A (2021)
2021 New York Laws WKC - Workers' Compensation Article 8 - Administration 141-A - Civil Enforcement.

§  141-a.  Civil enforcement. 1. To investigate violations of sections fifty-two, one hundred thirty-one  and  two  hundred  thirteen  of  this chapter, the chair or his or her designees shall have the power to:  (a) Enter and inspect any place of business at any reasonable time for the purpose of investigating employer compliance.  (b) Examine and copy business records.  (c) Administer oaths and affirmations.  (d)   Issue  and  serve  subpoenas  for  attendance  of  witnesses  or production  of  business   records,   books,   papers,   correspondence, memoranda,  and  other records. Such subpoenas may be served without the state on any defendant over whom a New York court  would  have  personal jurisdiction  under  the  civil practice law and rules as to the subject matter under investigation, provided the information or testimony sought bears  a  reasonable  relationship   to   the   subject   matter   under investigation.   2. The chair shall specify by rule the business records that employers must maintain and produce to comply with this section.   3.  If a person has refused to obey a subpoena, the chair may commence an action in supreme court of any county where venue is  proper  for  an order   requiring   compliance   with  the  subpoena.  Costs,  including reasonable attorney's fees, incurred by the chair to obtain and  enforce an order granting, in whole or in part, a petition to enforce a subpoena shall be taxed against the subpoenaed party.   4.  (a) Whenever the chair determines that an employer who is required to secure compensation in accordance with this  chapter  has  failed  to secure  such  compensation,  or  where  an  employer  has  failed to pay penalties assessed against it pursuant to this chapter, or failed to pay a judgment under section twenty-six of this chapter within  ninety  days after  notice to the employer and has not moved to modify or vacate such judgment, such failure shall be deemed an immediate  serious  danger  to public  health,  safety, or welfare sufficient to justify service by the chair of a stop-work order on the employer, requiring the  cessation  of all   business   operations  effective  immediately,  except  where  the employer's failure concerns only domestic or child care workers  in  his or  her  own household. The chair may issue such order, which shall take effect as  to  a  particular  employer  worksite  when  served  at  that worksite,  or  as  to  all employer worksites in the state for which the employer is not in compliance when served on the employer.  A  stop-work order  may  be served with regard to an employer's worksite by posting a copy of the stop-work order in a conspicuous location at  the  worksite. The  order  shall  remain  in  effect  until  the chair directs that the stop-work order be removed, upon a determination that the  employer  has come  into compliance with the coverage requirements of this chapter and has paid any penalty assessed under this chapter. If the employer  shall within  thirty  days  after  notice  of  the  stop-work  order  make  an application in affidavit form for a redetermination review of such order the chair shall make a decision in writing on the issues raised in  such application. The chair may direct a conditional release from a stop-work order  upon  a  finding  that  the  employer  has complied with coverage requirements of this chapter and has agreed to remit  periodic  payments of  the penalty pursuant to a payment agreement schedule with the chair. If an agreement or order of conditional release is  issued,  failure  by the  employer  to  meet  any term or condition of such payment agreement shall result in the immediate reinstatement of the stop-work  order  and the  entire  unpaid balance of the penalty shall become immediately due. The chair may require an employer who is found to have failed to  comply with  the  coverage requirements of this chapter to file with the board, as a condition of release from a stop-work order, periodic reports for a  probationary  period  that  shall  not  exceed  two  years,   and   that demonstrate  the  employer's continued compliance with this chapter. The board shall by rule specify the reports required and the time for filing under this subdivision.  (b)  A  stop-work  order issued against an employer under this section shall  be  in  effect  against  any  non-compliant   substantially-owned affiliated entity.   5.  The  chair may file a complaint in the supreme court of any county where venue is proper: (a) to  enjoin  any  employer  from  violating  a stop-work  order;  or  (b)  to  enjoin  any other practice prohibited by section fifty-two or one hundred thirty-one  of  this  chapter.  In  any action  brought  by  the  chair  pursuant  to  this  section in which it prevails, the court may award costs, including the reasonable  costs  of investigation and reasonable attorneys' fees.   6.  Any  judgment obtained by the chair and any penalty due under this section shall, until  collected,  constitute  a  lien  upon  the  entire interest  of  the employer, legal or equitable, in any property, real or personal, tangible or intangible; however, such lien is  subordinate  to claims for unpaid wages and any prior recorded liens, and a lien created by  this section is not valid against any person who, subsequent to such lien and in good  faith  and  for  value,  purchases  real  or  personal property from such employer or becomes the mortgagee on real or personal property  of  such employer, or against a subsequent attaching creditor, unless, with respect to real estate of the employer,  a  notice  of  the lien  is  recorded  in  the  public records of the county where the real estate is  located,  and  with  respect  to  personal  property  of  the employer, the notice is recorded with the secretary of state.   7.  In  any  court  proceedings under this section, the chair shall be represented by the attorney general.