2023 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.