2023 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.