reglab/statecodes huggingface dataset:
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 673 - Minimum Wage.

§ 673. Minimum wage. 1. Statutory. Every employer shall pay to each of
  its  employees  for  each  hour  worked a wage of not less than the wage
  established pursuant to subdivision one of section six hundred fifty-two
  of this chapter, or such other wage as may be established in  accordance
  with the provisions of this article.
2.  Existing  wage  order.  The  minimum  wage  order in effect on the
  effective date of this act shall remain in full force and effect, except
  as modified in accordance with the provisions of this article.
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 673-A - Farm Workers; Mandatory Work Agreements.

§  673-a. Farm workers; mandatory work agreements. Notwithstanding the
  provisions of any general, special or local law, rule or  regulation  to
  the contrary, for the purpose of notifying each employee, in writing, of
  the  conditions of employment every employer shall utilize the farm work
  agreement prescribed by the commissioner.
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 674 - Regulations.

§   674.   Regulations.   1.  The  commissioner  may  promulgate  such
  regulations as he deems appropriate to carry out the  purposes  of  this
  article  and  to  safeguard minimum wage standards. Such regulations may
  include, but are not limited to, the defining of  the  circumstances  or
  conditions  for  the  acceptance  of non-hourly rates and piece rates as
  equivalent to the minimum hourly rates established by this article. Such
  regulations also may include, but are not limited to, waiting  time  and
  call-in  pay rates; wage provisions governing guaranteed earnings during
  specified periods of work; allowances  for  meals,  lodging,  and  other
  items,  services  and  facilities  when furnished by the employer; or by
  physical or mental deficiency  or  injury,  under  special  certificates
  issued  by  the  commissioner, at such wages lower than the minimum wage
  established by this article and for such period as shall  be  prescribed
  in such regulations.
2. Such regulations may vary with localities if in the judgment of the
  commissioner conditions make such variation appropriate.
3.  Such  regulations shall be promulgated by the commissioner after a
  public hearing held after due notice.
A notice of the public hearing and a notice of the promulgation of any
  such regulation shall be published in the state bulletin. The notice  of
  the  promulgation  of  any  such  regulation shall be published at least
  twenty days before the effective date of the regulation.
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 677 - Appeals From Compliance Orders.

§  677.  Appeals  from compliance orders.  Within sixty days after the
  issuance by the commissioner of an order to comply with any provision of
  this article or with any minimum wage regulation promulgated thereunder,
  any person aggrieved may appeal questions of law and  fact  involved  in
  such  order  to  the  board of standards and appeals by filing with said
  board a written petition in accordance with  such  rules  as  the  board
  shall  prescribe,  provided,  however,  that  no such appeal shall bring
  under review any minimum wage regulation promulgated under this article.
  The provisions of subdivision two of  section  six  hundred  seventy-six
  relating  to appeals from determinations of the board and the provisions
  of subdivisions three through seven of section six  hundred  seventy-six
  shall apply to appeals such as herein provided. Unless an appeal such as
  herein  provided  is  taken  within the prescribed time, the findings of
  fact and conclusions of law contained in such order to comply  shall  be
  final  and  binding  and  no  board  or court shall have jurisdiction to
  review such order, or finding or conclusion  contained  therein,  or  to
  restrain or interfere with its enforcement.
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 678 - Commissioner's Powers of Investigation.

§  678.  Commissioner's  powers of investigation.  The commissioner or
  his authorized representative shall have power: (a) to  investigate  the
  wages  of persons employed on a farm; (b) to enter the place of business
  or employment of any employer for  the  purpose  of  (1)  examining  and
  inspecting any and all books, registers, payrolls and other records that
  in  any  way  relate to or have a bearing upon the wages paid to, or the
  hours worked by any employee, (2) ascertaining whether the provisions of
  this  article  and  the  regulations  promulgated  hereunder  are  being
  complied  with;  and  (c)  to require from any employer full and correct
  statements and reports in  writing  of  the  records  required  by  this
  article, at such times as the commissioner may deem necessary.
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 679 - Records of Employers.

§  679.  Records  of  employers.    Every employer shall keep true and
  accurate records of hours worked by each employee, the wages  paid,  and
  such other information as the commissioner deems material and necessary,
  and shall, on demand, furnish to the commissioner or his duly authorized
  representative  a sworn statement of the same. Every employer shall keep
  such records  open  to  inspection  by  the  commissioner  or  his  duly
  authorized  representative  at any reasonable time. Every employer of an
  employee shall keep a digest or summary of this article and regulations,
  which shall be prepared by the commissioner,  posted  in  a  conspicuous
  place  in  his  establishment and shall also keep posted such additional
  copies of  said  digest  or  summary  as  the  commissioner  prescribes.
  Employers  shall,  on  request, be furnished with copies of this article
  and regulations, and of digests or summaries thereof, without charge.
Employers  shall  permit  the  commissioner  or  his  duly  authorized
  representative  to  question any individual employed by such employer in
  the place of employment and during working hours in respect to the wages
  paid and the hours worked when records  of  hours  worked  are  required
  under this article.
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 680 - Penalties.

§ 680. Penalties.  1. Discrimination against employee. Any employer or
  his agent, or the officer or agent of any corporation, who discharges or
  in  any  other  manner  discriminates  against any employee because such
  employee has made a complaint to his employer, or to the commissioner or
  his authorized representative, that he has not been paid  in  accordance
  with the provisions of this article, or because such employee has caused
  to  be  instituted  a  proceeding  under  or related to this article, or
  because such employee has  testified  or  is  about  to  testify  in  an
  investigation  or  proceeding  under  this article, shall be guilty of a
  misdemeanor and upon conviction be punished by a fine of not  less  than
  fifty dollars nor more than five hundred dollars.
2.  Payment  of  less than minimum wage. Any employer or his agent, or
  the officer or agent of any corporation, who pays or agrees  to  pay  to
  any  employee  less than the wage applicable under this article shall be
  guilty of a misdemeanor and upon conviction be punished by a fine of not
  less than fifty dollars  nor  more  than  five  hundred  dollars  or  by
  imprisonment  of  not less than ten nor more than ninety days or by both
  such fine and imprisonment, and each payment to any employee in any week
  of less than the wage applicable under this article shall  constitute  a
  separate offense.
3.  Failure to keep records. Any employer or his agent, or the officer
  or agent of any corporation, who fails  to  keep  the  records  required
  under  this  article  or  to  furnish  such  records  or any information
  required to be furnished under this article to the commissioner  or  his
  authorized  representative  upon  request,  or who hinders or delays the
  commissioner or his authorized representative in the performance of  his
  duties  in  the  enforcement  of  this  article, or refuses to admit the
  commissioner  or  his  authorized  representative  to   any   place   of
  employment,  or  falsifies  any  such  records  or  refuses to make such
  records accessible to the commissioner or his authorized representative,
  or refuses to furnish a sworn statement of such  records  or  any  other
  information  required  for the proper enforcement of this article to the
  commissioner or his authorized representative,  shall  be  guilty  of  a
  misdemeanor  and  upon conviction be punished by a fine of not less than
  fifty dollars nor more than five hundred dollars, and each day's failure
  to keep the records required under  this  article  or  to  furnish  such
  records   or   information   to   the  commissioner  or  his  authorized
  representative shall constitute a separate offense.
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 681 - Civil Action.

§  681.  Civil action.  1. By employee. If any employee is paid by his
  employer less than the wage to which he is entitled under the provisions
  of this article, he may recover in a civil action the amount of any such
  underpayments, together with costs and such reasonable  attorney's  fees
  as may be allowed by the court, and if such underpayment was willful, an
  additional  amount as liquidated damages equal to twenty-five percent of
  the total of such underpayment found to be due  him  and  any  agreement
  between him and his employer to work for less than such wage shall be no
  defense to such action.
2.  By commissioner. On behalf of any employee paid less than the wage
  to which he is entitled  under  the  provisions  of  this  article,  the
  commissioner may bring any legal action necessary to collect such claim,
  and  the  employer  shall  be  required  to  pay  the  costs and if such
  underpayment was willful, an additional  amount  as  liquidated  damages
  equal to twenty-five percent of the total of such underpayments found to
  be due him.
3.  Limitation of time. Notwithstanding any other provision of law, an
  action to recover upon a liability  imposed  by  this  article  must  be
  commenced within six years.
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 682 - Referrals by Employment Agencies.

§  682.  Referrals by employment agencies.  No employment agency shall
  place or attempt to place any employee in an occupation at less than the
  wage applicable to such occupation under this article.
The term "employment agency" as used in this  section  shall  mean  an
  employment  agency  as defined in section one hundred seventy-one of the
  general business law.
2023 New York Laws › LAB - Labor › Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers › 683 - Savings Clause.

§  683.  Savings  clause.    If  any  portion  of  this article or the
  application thereof to any person, employer, occupation or  circumstance
  is  held  invalid,  the  remainder of the article and the application of
  such  provision   to   other   persons,   employees,   occupations,   or
  circumstances shall not be affected thereby.
2023 New York Laws › LAB - Labor › Article 19-B - Domestic Workers and Household Employees › 691 - Statement of Employee Rights and Employer Obligations Under State and Federal Law.

§  691.  Statement  of  employee rights and employer obligations under
  state and federal law. 1. Every licensed  employment  agency  under  the
  jurisdiction  of  the  commissioner  and engaged in the job placement of
  domestic workers or household employees shall provide to each  applicant
  for employment as a domestic worker or household employee and his or her
  prospective  employer,  before  job  placement  is  arranged,  a written
  statement indicating the rights of such  worker  and  employee  and  the
  obligations  of  his or her employer under state and federal law. In the
  event any such licensed employment agency maintains a website, the  text
  of  such  written  statement  shall  also  be  provided  on the agency's
  website. The department shall promulgate rules and regulations detailing
  what information should be included  in  such  written  statement.  Such
  rules  and  regulations  shall require that such statement of rights and
  obligations embody provisions of state and federal laws that pertain  to
  domestic  workers  or  household  employees,  both  in their capacity as
  workers and employees in New York state and the  United  States  and  in
  their  capacity  specifically as domestic workers or household employees
  in New York state and the United States. Such statement  of  rights  and
  obligations  shall include, but not be limited to, a general description
  of employee rights and employer obligations pursuant to  laws  regarding
  minimum  wage,  overtime  and  hours  of  work,  record  keeping, social
  security payments, unemployment insurance coverage, disability insurance
  coverage and workers' compensation.  Every  licensed  employment  agency
  under  the  jurisdiction  of  the commissioner and to which this article
  applies shall certify  that  the  written  statement  required  by  this
  subdivision  conforms  to  rules  and  regulations  promulgated  by  the
  department and shall file a copy of  such  written  statement  with  the
  department.
2.  Every  employment  agency engaged in the job placement of domestic
  workers or household employees shall keep on file in its principal place
  of business for a period of three  years  a  statement,  signed  by  the
  employer  of a domestic worker or household employee whom the employment
  agency has placed with such employer, indicating that the  employer  has
  read  and  understands the statement of rights and obligations he or she
  received pursuant to subdivision one of this section.
2023 New York Laws › LAB - Labor › Article 19-B - Domestic Workers and Household Employees › 692 - Statement of Job Conditions; Records.

§  692.  Statement  of  job  conditions;  records.  1.  Every licensed
  employment agency under the jurisdiction of the commissioner and engaged
  in the job placement of domestic workers or  household  employees  shall
  provide  to  each  applicant  for  employment  as  a  domestic worker or
  household employee a written  statement,  in  a  form  approved  by  the
  commissioner,  of  the  job  conditions  of  each  potential  employment
  position to which the agency recommends that the applicant  apply.  Each
  such  statement shall fully and accurately describe the nature and terms
  of employment, including the name and address of the person to whom  the
  applicant  is  to apply for such employment, the name and address of the
  person authorizing the hiring for such position, wages, hours  of  work,
  the kind of services to be performed and agency fee.
2.  Every  employment  agency engaged in the job placement of domestic
  workers or household employees shall keep on file in its principal place
  of business for a period of three years a duplicate copy of the  written
  statement of job conditions required by subdivision one of this section.
2023 New York Laws › LAB - Labor › Article 19-B - Domestic Workers and Household Employees › 694 - Violations.

§  694.  Violations.  Any  person  who violates, and the officers of a
  corporation and stockholders holding ten percent or more of the stock of
  a corporation which is not publicly  traded  who  knowingly  permit  the
  corporation to violate, subdivisions one and two of sections six hundred
  ninety-one and six hundred ninety-two of this article shall be guilty of
  a  misdemeanor  and  upon  conviction  shall be subject to a fine not to
  exceed one thousand dollars, or imprisonment for not more than one year,
  or both, by any court of competent  jurisdiction.  Criminal  proceedings
  based  upon  violation  of  such  sections  may  be  instituted  by  the
  commissioner and/or any persons aggrieved by such violations.
2023 New York Laws › LAB - Labor › Article 19-C - Representation of Child Care Providers › 695-A - Statement of Public Policy; Findings.

§  695-a.  Statement  of  public  policy;  findings.  The  legislature
  declares that it is the public policy of the state and  the  purpose  of
  this  act  to  create  a  framework  for  child care providers to secure
  representation to help improve the environment in which they work.
The legislature hereby finds child care providers perform an essential
  service for working parents and guardians in this state  by  creating  a
  safe,   educational   and  enjoyable  home-like  environment  for  their
  children. Many of New York's children spend a significant part of  their
  crucial  early  years of development under the supervision of child care
  providers. It is in the best interest of New York state  to  maintain  a
  child  care  delivery system that fosters quality child care options and
  compensation,  and  benefits  and  working  conditions  for  child  care
  providers commensurate with the value of the work they perform.
Accordingly  child  care  providers  are  hereby  given  the option to
  organize themselves  and  select  representatives  for  the  purpose  of
  discussing  with  the  state  the  conditions  of  their employment, the
  stability of funding and operations  of  child  care  programs  and  the
  expansion of quality child care.
2023 New York Laws › LAB - Labor › Article 19-C - Representation of Child Care Providers › 695-B - Definitions.

§  695-b.  Definitions. As used in this article, "child care provider"
  shall mean:
1. An operator of a group family day care home as defined in paragraph
  (d) of subdivision one of section three hundred  ninety  of  the  social
  services law or
2.  A  family day care home as defined in paragraph (c) of subdivision
  one of section three hundred ninety of the social services law or
3. An individual providing child care in  reference  to  one  or  more
  children  who  are receiving child care assistance under title five-c of
  article six of the social services law  under  circumstances  where  the
  individual  is  not  required to be licensed or registered under section
  three hundred ninety of the social services law or to be licensed  under
  the administrative code of the city of New York.
2023 New York Laws › LAB - Labor › Article 19-C - Representation of Child Care Providers › 695-C - Representation Units.

§  695-c. Representation units. For purposes of this article only, New
  York's child care providers shall be divided  into  four  representation
  units as follows:
1.  All  child care providers in New York city who are paid from funds
  administered by New York city pursuant to section four hundred ten-u  of
  the social services law.
2.  All  registered  or licensed child care providers in New York city
  who are not paid from funds administered by New York  city  pursuant  to
  section four hundred ten-u of the social services law.
3. All registered or licensed child care providers outside the city of
  New York and
4.  All  child  care providers outside New York city who provide child
  care in a residence to one or more children who are receiving child care
  assistance under title 5-c of article six of  the  social  services  law
  under  circumstances where the individual is not required to be licensed
  or registered under section three hundred ninety of the social  services
  law.
2023 New York Laws › LAB - Labor › Article 19-C - Representation of Child Care Providers › 695-D - Procedure for Recognition.

§  695-d.  Procedure  for  recognition.  1.  For  the  purpose of this
  article, New York state shall recognize as  the  representative  of  the
  child  care  providers  in  any  unit  set  forth in section six hundred
  ninety-five-c of this article each representative as is designated by  a
  majority  of  the  providers  in  the  unit  pursuant  to  the following
  procedure:  A  perspective  representative  may   demonstrate   majority
  designation  upon  submission  of  authorization  cards, approved within
  twelve months of this submission, by the majority of  providers  in  the
  unit,  to  the  state employment relations board (SERB) or any successor
  agency for the purpose of review. The SERB  and/or  its  designee  shall
  review the cards and if it determines that the cards constitute at least
  fifty  percent  plus one of the providers in the unit at issue, then the
  SERB shall certify  the  party  making  application  as  the  designated
  representative of the unit.  If the SERB determines that cards submitted
  constitute  at  least  thirty percent of providers in the unit at issue,
  but not more than fifty percent, it  shall  conduct  an  election  in  a
  manner  directed  by  the SERB and consistent with its standard election
  procedure  to  determine  if  a  majority  of  members   designate   the
  prospective representative.
2.  Any  relevant  state  agency, including the office of children and
  family services shall provide the SERB  with  information  necessary  to
  determine  the  size  of the units and the identities of members of said
  unit subject to any limitations or dissemination of information  as  the
  agency  believes  necessary  to protect confidentiality, or as otherwise
  required by law.
2023 New York Laws › LAB - Labor › Article 19-C - Representation of Child Care Providers › 695-E - Challenges.

§  695-e.  Challenges.  Any party seeking to challenge the status of a
  unit representative may submit information to the SERB. The  SERB  shall
  determine  whether  the  information  provides  a  reasonable  basis  to
  constitute that a majority of the unit wishes to  be  represented  by  a
  different   representative   or  a  majority  of  the  unit  decides  no
  representation. If the SERB so determines, it shall adopt a  process  it
  believes warranted to ascertain the majority's choice of representation,
  including  by  the submission of authorization cards or election, unless
  such process has been undertaken in the previous two years.
2023 New York Laws › LAB - Labor › Article 19-C - Representation of Child Care Providers › 695-F - Application of This Article.

§  695-f.  Application  of this article. 1. The office of children and
  family services shall meet with the designated representative  of  those
  units  of  child  care  providers, either jointly or separately, for the
  purpose of entering into a written agreement to the extent feasible. The
  agreement may address the stability, funding and operation of child care
  programs, expansion  of  quality  child  care,  improvement  of  working
  conditions,  salaries and benefits and payment for child care providers.
  If issues under discussion require the participation and/or approval  of
  other   state   agencies,   those  agencies  shall  participate  in  the
  discussions. Nothing herein shall require that an agreement  be  reached
  on any matters described above.
2.  In  the  event  an  agreement  is reached, it shall be embodied in
  writing between the office of children and  family  services  and  other
  affected agencies and the designated representative. The agreement shall
  be  binding  on the state, contingent upon any regulatory or legislative
  action that may be required.
3. If legislative or regulatory action or appropriation  of  funds  is
  required the parties will jointly seek such action.
2023 New York Laws › LAB - Labor › Article 19-C - Representation of Child Care Providers › 695-G - Legal Effect.

§ 695-g. Legal effect. Nothing herein shall:
1.  Permit  child care providers collectively the right to engage in a
  strike or to take work action to secure any right or privilege from  the
  state or its agencies;
2.  Render a child care provider a state officer or employee or in any
  way imply an  employee-employer  relationship  with  the  state  or  its
  subdivisions,  including  but not limited to a public retirement system,
  public  health  insurance  program,  unemployment   insurance,   workers
  compensation,  disability  coverage,  New  York  civil  service  law  or
  indemnification under the public officers law;
3. Alter any current regulations, policies or procedures  for  health,
  safety,  discipline  inspection  or enforcement applicable to child care
  providers or programs unless agreed to and enacted;
4. Interfere with the  existing  relationship  between  consumers  and
  child  care  providers including existing rights of parents or guardians
  to change or terminate a provider's service;
5. Interfere with any ability of child care providers  or  child  care
  provider  representatives  to  meet  or correspond with any state agency
  with regard to any matter of relevance; and
6. Create any contractual right or obligations.
2023 New York Laws › LAB - Labor › Article 19-D - Minimum Wage Rates for Covered Airport Workers › 696-C - Minimum Wage Rate for Covered Airport Workers.

§  696-c.  Minimum  wage rate for covered airport workers. All covered
  employers shall ensure that every covered airport worker is  compensated
  at  a rate that is no less than the applicable standard rate. Nothing in
  this article shall alter or limit any employer's obligation to  pay  any
  otherwise applicable prevailing wage under article eight or nine of this
  chapter.
2023 New York Laws › LAB - Labor › Article 19-D - Minimum Wage Rates for Covered Airport Workers › 696-D - Commissioner's Powers of Investigation.

§  696-d.  Commissioner's powers of investigation. The commissioner or
  his or her authorized representative shall have the power to:
1. investigate the compensation of  covered  airport  workers  in  the
  state;
2.  enter  the place of business or employment of any employer for the
  purpose of (a) examining and inspecting any and  all  books,  registers,
  payrolls,  and other records that in any way relate to or have a bearing
  upon the compensation provided to, or the hours worked by any employees,
  and (b) ascertaining whether the provisions  of  this  article  and  the
  rules and regulations promulgated hereunder are being complied with; and
3.  require  from any employer full and correct statements and reports
  in writing, at such times as the commissioner may deem necessary, of the
  compensation provided to and the hours by such employer's employees.
2023 New York Laws › LAB - Labor › Article 19-D - Minimum Wage Rates for Covered Airport Workers › 696-E - Records of Employers.

§  696-e.  Records  of  employers.  For every employee covered by this
  article, every employer shall establish, maintain, and preserve for  not
  less  than six years contemporaneous, true, and accurate payroll records
  showing  for  each  week  worked  the  hours  worked,  the  compensation
  provided, plus such other information as the commissioner deems material
  and  necessary.  For all covered airport workers who are not exempt from
  overtime compensation as established in the commissioner's minimum  wage
  orders  or  otherwise  provided by law, rule, or regulation, the payroll
  records shall include the compensation provided and the  regular  hourly
  rate  or  rates of pay, the overtime rate or rates of pay, the number of
  regular hours worked, the number of overtime hours worked and  the  cost
  of  benefits  and/or  benefit supplements. On demand, the employer shall
  furnish to the commissioner or his or her duly authorized representative
  a sworn statement of the hours worked, rate or  rates  of  compensation,
  for  each  covered  airport  worker,  plus such other information as the
  commissioner deems material and necessary.  Every  employer  shall  keep
  such  records  open to inspection by the commissioner or his or her duly
  authorized representative at any reasonable time. Every  employer  of  a
  covered  airport  worker shall keep a digest and summary of this article
  which shall be prepared by the commissioner,  posted  in  a  conspicuous
  place  in  his  or  her  establishment  and  shall also keep posted such
  additional copies  of  said  digest  and  summary  as  the  commissioner
  prescribes.  Employers  shall,  on  request, be furnished with copies of
  this article and of  orders,  and  of  digests  and  summaries  thereof,
  without  charge.  Employers  shall permit the commissioner or his or her
  duly authorized representative  to  question  without  interference  any
  employee  of  such  employer  in  a  private  location  at  the place of
  employment and during working hours in respect to the wages paid to  and
  the hours worked by such employee or other employees.
2023 New York Laws › LAB - Labor › Article 19-D - Minimum Wage Rates for Covered Airport Workers › 696-F - Penalties.

§ 696-f. Penalties. 1. If the commissioner finds that any employer has
  violated  any  provision  of  this  article  or  of a rule or regulation
  promulgated thereunder, the commissioner may, after an opportunity for a
  hearing, and by an order which shall describe particularly the nature of
  the violation, assess the employer a civil penalty of not more than  ten
  thousand dollars for the first such violation within six years, not more
  than twenty thousand dollars for a second violation within six years and
  not more than fifty thousand dollars for a third or subsequent violation
  within  six  years.  Such  penalty shall be paid to the commissioner for
  deposit in the treasury of the state. In assessing  the  amount  of  the
  penalty,  the  commissioner  shall give due consideration to the size of
  the employer's business, the good faith of the employer, the gravity  of
  the  violation,  the  history  of previous violations and the failure to
  comply with record-keeping or other requirements.
2. Any order issued under subdivision one of  this  section  shall  be
  deemed  a  final  order of the commissioner and not subject to review by
  any court or agency unless  the  employer  files  a  petition  with  the
  industrial  board  of  appeals  for  a  review of the order, pursuant to
  section one hundred one of this chapter.
3. The civil penalty provided for in this section shall be in addition
  to and may be imposed concurrently with  any  other  remedy  or  penalty
  provided for in this chapter.
4.  Upon  a  showing by an employee organization, the commissioner may
  investigate by examining payroll records whether  an  employer  withheld
  hours  of  work  to employees for the purpose of reducing the employer's
  obligations under this article. If, after the opportunity for a hearing,
  the commissioner determines that an employer withheld hours of  work  to
  employees  for  the purpose of reducing the employer's obligations under
  this article, the commissioner may, in addition  to  any  other  penalty
  available,  also  require  that  the  employer pay the standard benefits
  supplement rate to all of the employer's employees,  regardless  of  the
  number of hours worked by the employees.
2023 New York Laws › LAB - Labor › Article 19-D - Minimum Wage Rates for Covered Airport Workers › 696-G - Civil Action.

§ 696-g. Civil action. 1. On behalf of any employee paid less than the
  applicable  standard  rate  to  which the employee is entitled under the
  provisions of this article, the commissioner may bring any legal  action
  necessary,  including  administrative action, to collect such claim, and
  the  employer  shall  be  required  to  pay  the  full  amount  of   the
  underpayment,  plus  costs,  and unless the employer proves a good faith
  basis to believe that its underpayment was in compliance with  the  law,
  an  additional amount as liquidated damages. Liquidated damages shall be
  calculated by the commissioner as no more than one  hundred  percent  of
  the  total  amount of underpayments found to be due the employee. In any
  action brought by the commissioner in a court of competent jurisdiction,
  liquidated damages shall be calculated as an amount equal to one hundred
  percent of underpayments found to be due the employee.
2. 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.
3. In any civil action by the  commissioner,  the  commissioner  shall
  have  the  right  to  collect  attorneys'  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 therefrom is then pending, whichever is later, the  total  amount
  of judgment shall automatically increase by fifteen percent.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 700 - Findings and Policy.

§  700.  Findings and policy. In the interpretation and application of
  this article, and otherwise, it is hereby  declared  to  be  the  public
  policy  of  the  state  to  encourage  the  practice  and  procedure  of
  collective bargaining, and to protect employees in the exercise of  full
  freedom   of   association,   self-organization   and   designation   of
  representatives of their own choosing for  the  purposes  of  collective
  bargaining,   or   other  mutual  aid  and  protection,  free  from  the
  interference, restraint or coercion of their employers.
It is also hereby declared as the public policy of this state that the
  best interests of the people of the state are served by  the  prevention
  or prompt settlement of labor disputes and that the voluntary resolution
  of such disputes will tend to promote permanent industrial peace and the
  health,  welfare,  comfort  and  safety  of  the  people  of  the state.
  Representatives of employers and employees engaged in such disputes  are
  encouraged  voluntarily  to  submit  them  to the agency created by this
  article prior to engaging in a strike, lock-out or  other  cessation  of
  employment;  and  should  participate fully and promptly in any meetings
  which may be arranged by the agency for the  purpose  of  resolving  the
  dispute.
To  carry  out  such  policy,  the  necessity for the enactment of the
  provisions of this article is hereby declared as a matter of legislative
  determination.
All the provisions of this article shall be  liberally  construed  for
  the accomplishment of this purpose.
This  article  shall  be deemed an exercise of the police power of the
  state for the protection of the public welfare, prosperity,  health  and
  peace of the people of the state.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 702 - Special Mediators.

§  702.  Special  mediators. The board may, when necessary, appoint or
  designate special mediators who shall have the authority  and  power  of
  members  of  the  board  with regard to such matter, provided that their
  authority and power to act for the board shall cease upon the conclusion
  of the specific matter so assigned to them or by revocation by the board
  of their appointment or designation. Such special mediators shall,  when
  performing  the work of the board as aforesaid, be compensated at a rate
  to be determined by the board subject to the approval of the director of
  the budget, together with an allowance for actual and necessary expenses
  incurred in the discharge of their duties hereunder.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 703 - Rights of Employees.

§  703.  Rights  of  employees.  Employees  shall  have  the  right of
  self-organization, to form, join,  or  assist  labor  organizations,  to
  bargain  collectively through representatives of their own choosing, and
  to engage  in  concerted  activities,  for  the  purpose  of  collective
  bargaining  or  other  mutual aid or protection, free from interference,
  restraint, or coercion of  employers,  but  nothing  contained  in  this
  article  shall  be interpreted to prohibit employees from exercising the
  right to confer with their employer at any time,  provided  that  during
  such  conference  there  is  no  attempt  by  the  employer, directly or
  indirectly, to interfere with,  restrain  or  coerce  employees  in  the
  exercise of the rights guaranteed by this section.
Notwithstanding any other provision of law, for farm laborers the term
  "concerted  activities"  shall  not  include  a right to strike or other
  concerted stoppage of work or slowdown.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 704-A - Unfair Practices; Performing Arts.

§  704-a. Unfair practices; performing arts. It shall not be an unfair
  labor practice for an employer engaged in the performing arts to make an
  agreement with a labor organization, of  which  performing  artists  are
  members, covering employees engaged in the performing arts, or who, upon
  their  employment,  will  be  so engaged, because the majority status of
  such labor organization has not been established under the provisions of
  this article or because such  agreement  requires,  as  a  condition  of
  employment,  membership in such labor organization after the seventh day
  following the beginning of such employment or the effective date of such
  agreement,  whichever  is  later.  Nothing  in  this  section  shall  be
  construed  as  to  bar  any proceeding brought pursuant to section seven
  hundred five of this article.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 704-B - Unfair Labor Practices.

§  704-b.  Unfair  labor  practices.  1.  It  shall be an unfair labor
  practice for a farm laborer or  an  employee  organization  representing
  farm  laborers  to  strike  any agricultural employer. The term "strike"
  shall mean, for the purposes  of  this  section,  any  strike  or  other
  concerted stoppage of work or slowdown by farm laborers.
2.  It  shall be an unfair labor practice for an agricultural employer
  to:
a. lockout its laborers.  The  term  "lockout"  shall  mean,  for  the
  purposes  of  this  section,  a  refusal  by an agricultural employer to
  permit farm laborers to work as a result of a  dispute  with  such  farm
  laborers  or  employee organization representing such farm laborers that
  affects wages, hours and other terms and  conditions  of  employment  of
  such  farm laborers, provided, however, that a lockout shall not include
  a termination of employment for good cause that does  not  involve  such
  laborers exercising any rights guaranteed by this article;
b.  refuse  to  continue all the terms of an expired agreement until a
  new agreement is negotiated;
c. discourage union organization or to  discourage  an  employee  from
  participating  in  a  union  organizing  drive,  engaging  in  protected
  concerted activity, or otherwise exercising the rights guaranteed  under
  this article.
3. Nothing in this section shall be construed as to bar any proceeding
  brought  pursuant to section seven hundred four or seven hundred five of
  this article.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 708-A - E-Filing Program for the Purpose of Filing Papers Electronically.

* § 708-a. E-filing   program   for   the  purpose  of  filing  papers
  electronically. 1. Notwithstanding any other provision of law,  the  New
  York  state  public  employment  relations  board  shall  establish  and
  promulgate rules authorizing an electronic filing  program  (hereinafter
  referred  to as "e-filing"), in the use of electronic means for: (a) the
  commencement of a proceeding; and (b) the filing and service  of  papers
  in  pending  proceedings. The board's website shall contain the e-filing
  program along with  instructions  for  e-filing,  such  rules  regarding
  e-filing,  and  certain  forms  promulgated by the board that parties or
  other persons may use to prepare their documents for e-filing.
2. Unless otherwise permitted under this section, all documents  filed
  in  cases  before  the  board shall be filed electronically (hereinafter
  referred to as "e-filed"), on the board's website, unless the party  can
  establish  to  the  board  that it does not have access to the means for
  e-filing or that e-filing would impose an undue burden.
* NB Effective November 22, 2023
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 709 - Punitive Provision.

§  709.  Punitive  provision.  Any  person  who shall wilfully resist,
  prevent, impede, or interfere with any member of the board or any of its
  agents or agencies  in  the  performance  of  duties  pursuant  to  this
  article,  or who shall in any manner interfere with the free exercise by
  employees of their  right  to  select  representatives  in  an  election
  directed  by the board pursuant to section seven hundred and five, shall
  be punished by a fine of not more  than  five  thousand  dollars  or  by
  imprisonment for not more than one year, or both.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 710 - Public Records and Proceedings.

§   710.   Public  records  and  proceedings.  Subject  to  rules  and
  regulations to be made by the board consistent with article six  of  the
  public  officers law, the complaints, orders and testimony relating to a
  proceeding instituted by the board under section seven  hundred  six  of
  this  article  may  be  made  public  records  and be made available for
  inspection or copying. All proceedings pursuant to section seven hundred
  six of this article shall be open to the public.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 710-A - Publicly Accessible Decision Index.

* § 710-a. Publicly   accessible   decision  index.  The  board  shall
  establish and maintain a current index, by topic, of the  principles  of
  law  established  by  the  decisions  rendered  by  the  board  and  its
  predecessors and  the  courts  concerning  matters  arising  under  this
  article.  Such index shall cite all appropriate authority which supports
  such principles and, where appropriate, all conflicting authority.  Such
  index  shall  also  contain  a glossary of technical and statutory terms
  commonly used by the board in its decisions. Copies of such index  shall
  be made available to the public electronically on the board's website.
* NB Effective November 22, 2023
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 710-B - Electronically Available Information.

§ 710-b. Electronically  available information. The board shall create
  written materials  informing  employers  and  employees  of  the  rights
  afforded  pursuant  to  this article to be made available on the board's
  website. Such materials shall be translated into the twelve most  common
  non-English  languages  spoken by limited-English proficient individuals
  in the state, based on the data in the most  recent  American  Community
  Survey  published  by  the  United  States Census Bureau. Such materials
  shall include the rights afforded under the  farm  laborers  fair  labor
  practices  act  pursuant  to chapter one hundred five of the laws of two
  thousand nineteen.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 711 - Cooperation.

§  711.  Cooperation.  The department and the other departments of the
  state  and  the  officers  and  employees  thereof  shall  render   such
  assistance  to  the  board as it may request in connection with its work
  hereunder. The board shall at all times  have  the  cooperation  of  and
  shall  cooperate  with  the department and the several boards, divisions
  and officers thereof in carrying out  the  policy  declared  in  section
  seven hundred of this article.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 712 - Repeal of Inconsistent Provisions.

§ 712. Repeal of inconsistent provisions. Insofar as the provisions of
  this  article are inconsistent with the provisions of any other general,
  special  or  local  law,  the  provisions  of  this  article  shall   be
  controlling.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 713 - Limitations.

§  713.  Limitations. Nothing in this article shall be construed so as
  to interfere with, impede or diminish in any way the right of  employees
  to  strike  or engage in other lawful, concerted activities, except that
  it shall continue to be unlawful for the employees of a non-profitmaking
  hospital or residential care center, or their  representatives,  or  any
  other  persons  to engage in or to induce or encourage, or to attempt to
  engage in or to induce or encourage any strike, work stoppage,  slowdown
  or  withholding  of goods or services by such employees or other persons
  at such hospital or residential care  center,  provided,  however,  that
  nothing  herein  shall  be  construed  to prohibit publicity, other than
  picketing, for the purpose of truthfully  advising  the  public  that  a
  grievance  or  dispute,  as  defined in section seven hundred sixteen of
  this article, exists at such hospital or  residential  care  center,  as
  long  as such publicity does not have the effect of inducing any persons
  to withhold goods or services  at  such  hospital  or  residential  care
  center.
It  shall  be  unlawful for a non-profitmaking hospital or residential
  care center to institute, declare or cause, or to attempt to  institute,
  declare  or  cause  any  lockout  of  the  employees of such hospital or
  residential care center.
2023 New York Laws › LAB - Labor › Article 20 - New York State Labor Relations Act › 714 - Separability.

§  714.  Separability.  If any clause, sentence, paragraph, or part of
  this article or the application thereof to any person or  circumstances,
  shall,  for any reason, be adjudged by a court of competent jurisdiction
  to be invalid, such judgment shall not affect, impair, or invalidate the
  remainder of this article, and the application thereof to  other  person
  or  circumstances, but shall be confined in its operation to the clause,
  sentence,  paragraph,  or  part  thereof  directly   involved   in   the
  controversy  in  which such judgment shall have been rendered and to the
  person or circumstances involved.   It is  hereby  declared  to  be  the
  legislative  intent  that  this article would have been adopted had such
  invalid provisions not been included.