S. 5885--B 2
time the employer provides such notice to an employee, the employer
shall obtain from the employee a signed and dated written acknowledge-
ment, in English and in the primary language of the employee, of receipt
of this notice, which the employer shall preserve and maintain for six
years. Such acknowledgement shall include an affirmation by the employee
that the employee accurately identified his or her primary language to
the employer, and that the notice provided by the employer to such
employee pursuant to this subdivision was in the language so identified
or otherwise complied with paragraph (c) of this subdivision, and shall
conform to any additional requirements established by the commissioner
with regard to content and form. For all employees who are not exempt
from overtime compensation as established in the commissioner's minimum
wage orders or otherwise provided by New York state law or regulation,
the notice must state the regular hourly rate and overtime rate of pay;
S 2. Subdivisions 1-b and 1-d of section 198 of the labor law, as
added by chapter 564 of the laws of 2010, are amended to read as
follows:
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 [week]
DAY that the violations occurred or continue to occur, but not to exceed
a total of [two] FIVE thousand [five hundred] 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 subdi-
vision one of section one hundred ninety-five of this article, the
commissioner may bring any legal action necessary, including administra-
tive 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 [week] 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 [(d)] (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 [one] TWO
hundred FIFTY dollars for each work [week] DAY that the violations
occurred or continue to occur, but not to exceed a total of [twenty-five
hundred] 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 admin-
S. 5885--B 3
istrative action, to collect such claim, and as part of such legal
action, in addition to any other remedies and penalties otherwise avail-
able under this article, the commissioner may assess against the employ-
er damages of [one] TWO hundred FIFTY dollars for each work [week] DAY
that the violations occurred or continue to occur, BUT NOT TO EXCEED A
TOTAL OF FIVE THOUSAND DOLLARS. In any action or administrative proceed-
ing 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 arti-
cle.
S 3. Subdivision 1 of section 218 of the labor law, as amended by
chapter 564 of the laws of 2010, the opening paragraph and second undes-
ignated paragraph as further amended by section 104 of part A of chapter
62 of the laws of 2011, is amended and a new subdivision 5 is added to
read as follows:
1. If the commissioner determines that an employer has violated a
provision of article six (payment of wages), article nineteen (minimum
wage act), article nineteen-A (minimum wage standards and protective
labor practices for farm workers), section two hundred twelve-a, section
two hundred twelve-b, section one hundred sixty-one (day of rest) or
section one hundred sixty-two (meal periods) 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 any authorized representative of him or her. In addition to direct-
ing payment of wages, benefits or wage supplements found to be due, and
liquidated damages in the amount of one hundred percent of unpaid wages,
such order, if issued to an employer who previously has been found in
violation of those provisions, rules or regulations, or to an employer
whose violation is willful or egregious, shall direct payment to the
commissioner of an additional sum as a civil penalty in an amount not to
exceed double the total amount of wages, benefits, or wage supplements
found to be due. ADDITIONALLY, SUCH ORDER, IF ISSUED TO AN EMPLOYER WHO
PREVIOUSLY HAS BEEN FOUND IN VIOLATION OF THOSE PROVISIONS, RULES OR
REGULATIONS, OR TO AN EMPLOYER WHOSE VIOLATION IS WILLFUL OR EGREGIOUS,
SHALL DIRECT SUCH EMPLOYER TO REPORT, BY LOCATION, AND FOR SUCH PERIOD
AS THE COMMISSIONER SHALL DETERMINE, (A) THE NUMBER OF PERMANENT
FULL-TIME EMPLOYEES, THE NUMBER OF TEMPORARY FULL-TIME EMPLOYEES, THE
NUMBER OF PERMANENT PART-TIME EMPLOYEES, THE NUMBER OF TEMPORARY
PART-TIME EMPLOYEES, AND THE NUMBER OF TEMPORARY STAFFING AGENCY EMPLOY-
EES PERFORMING WORK FOR THE EMPLOYER; (B) THE HOURLY RATES OF SUCH
EMPLOYEES REPORTED IN THE FOLLOWING BRACKETS: THE STATE MINIMUM WAGE TO
$9.99; $10.00 TO $11.99; $12.00 TO $14.99; AND $15.00 OR MORE; (C) THE
NUMBER OF EMPLOYEES WHO REGULARLY WORKED THE FOLLOWING NUMBER OF HOURS
PER WEEK DURING THE RELEVANT CALENDAR PERIOD: AT LEAST SIXTY; AT LEAST
FIFTY BUT FEWER THAN SIXTY; AT LEAST FORTY, BUT FEWER THAN FIFTY; AT
LEAST THIRTY-FIVE BUT FEWER THAN FORTY; AT LEAST THIRTY BUT FEWER THAN
THIRTY-FIVE; AT LEAST TWENTY-FIVE BUT FEWER THAN THIRTY; AT LEAST TWENTY
BUT FEWER THAN TWENTY-FIVE; AT LEAST TEN BUT FEWER THAN TWENTY; AT LEAST
S. 5885--B 4
FIVE BUT FEWER THAN TEN; FEWER THAN FIVE. NO INDIVIDUAL IDENTIFYING
INFORMATION OF SUCH EMPLOYEES SHALL BE REPORTED OR OTHERWISE DISCLOSED
TO THE DEPARTMENT. THE DEPARTMENT SHALL POST THE DATA COLLECTED ON THE
DEPARTMENT'S WEBSITE. FOR THE PURPOSES OF THIS SECTION, TEMPORARY
EMPLOYEES SHALL BE THOSE EMPLOYEES WHO ARE HIRED FOR A PERIOD OF SIXTY
DAYS OR LESS DURING THE RELEVANT CALENDAR YEAR, FULL-TIME EMPLOYEES
SHALL BE THOSE REGULARLY WORKING FORTY HOURS OR MORE PER WEEK DURING THE
RELEVANT CALENDAR YEAR, PART-TIME EMPLOYEES SHALL BE THOSE WORKING LESS
THAN FORTY HOURS PER WEEK DURING THE RELEVANT CALENDAR YEAR. In no case
shall the order direct payment of an amount less than the total wages,
benefits or wage supplements found by the commissioner to be due, plus
the liquidated damages in the amount of one hundred percent of unpaid
wages, the appropriate civil penalty, and interest at the rate of inter-
est 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. Where the
violation is for a reason other than the employer's failure to pay
wages, benefits or wage supplements found to be due, the order shall
direct payment to the commissioner of a civil penalty in an amount not
to exceed one thousand dollars for a first violation, two thousand
dollars for a second violation or three thousand dollars for a third or
subsequent violation. In assessing the amount of the penalty, the
commissioner shall give due consideration to the size of the employer's
business, the good faith basis of the employer to believe that its
conduct was in compliance with the law, the gravity of the violation,
the history of previous violations and, in the case of wages, benefits
or supplements violations, the failure to comply with recordkeeping or
other non-wage requirements.
Where there is a violation of section one hundred ninety-eight-b of
this chapter, the order shall direct payment back to the employee of the
amount of wages, supplements or other thing of value unlawfully received
plus 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
payback, return, donation or contribution to the date of payment, and
shall include such other relief as may be appropriate, including rehir-
ing or reinstatement of the employee to his or her former position, back
wages, and restoration of seniority. In addition, the commissioner shall
order payment of a civil penalty of at least twenty-five hundred dollars
but not more than five thousand dollars per violation. In assessing the
amount of the penalty, the commissioner shall give due consideration to
the size of the employer's business, the good faith basis of the employ-
er to believe that its conduct was in compliance with the law, the grav-
ity of the violation, the history of previous violations.
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.
5. AN EMPLOYER SIMILAR IN OPERATION AND OWNERSHIP TO A PRIOR EMPLOYER
WHICH HAD BEEN FOUND 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 NEW EMPLOYER ARE ENGAGED IN
SUBSTANTIALLY THE SAME WORK IN SUBSTANTIALLY THE SAME WORKING CONDITIONS
S. 5885--B 5
UNDER SUBSTANTIALLY THE SAME SUPERVISORS, OR IF THE SUBSEQUENT EMPLOYER
HAS SUBSTANTIALLY THE SAME PRODUCTION PROCESS, PRODUCES SUBSTANTIALLY
THE SAME PRODUCTS AND HAS SUBSTANTIALLY THE SAME BODY OF CUSTOMERS. SUCH
SUBSEQUENT EMPLOYER SHALL CONTINUE TO BE SUBJECT TO THIS SECTION AND
LIABLE FOR THE ACTS OF THE PRIOR EMPLOYER UNDER THIS SECTION.
S 4. Section 219 of the labor law is amended by adding a new subdivi-
sion 4 to read as follows:
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.
S 5. Subdivision 3 of section 198 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
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 commis-
sioner does not issue an order, until the date on which the commissioner
notifies the complainant that the investigation has concluded. Investi-
gation by the commissioner shall not be a prerequisite to nor a bar
against a person bringing a civil action under this section. All employ-
ees 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. THE COMMISSIONER'S INVESTIGATION
SHALL COVER THE ENTIRE SIX-YEAR STATUTE OF LIMITATIONS PERIOD UNLESS THE
COMMISSIONER OTHERWISE NOTIFIES ALL AFFECTED EMPLOYEES.
S 6. Paragraph (b) of subdivision 1 and paragraph (a) of subdivision 2
of section 215 of the labor law, as amended by chapter 564 of the laws
of 2010, are amended to read as follows:
(b) If after investigation the commissioner finds that an employer or
person has violated any provision of this section, the commissioner may,
by an order which shall describe particularly the nature of the
violation, assess the employer or person a civil penalty of not less
than one thousand nor more than ten thousand dollars PROVIDED, HOWEVER,
THAT IF THE COMMISSIONER FINDS THAT THE EMPLOYER HAS VIOLATED THE
PROVISIONS OF THIS SECTION IN THE PRECEDING SIX YEARS, HE OR SHE MAY
ASSESS A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWEN-
TY THOUSAND DOLLARS. The commissioner may also order all appropriate
relief including enjoining the conduct of any person or employer; order-
ing payment of liquidated damages to the employee by the person or enti-
ty in violation; and, where the person or entity in violation is an
employer ordering rehiring or reinstatement of the employee to his or
her former position or an equivalent position, and an award of lost
compensation or an award of front pay in lieu of reinstatement and an
award of lost compensation. Liquidated damages shall be calculated as an
amount not more than [ten] TWENTY thousand dollars. The commissioner may
assess liquidated damages on behalf of every employee aggrieved under
S. 5885--B 6
this section, in addition to any other remedies permitted by this
section.
(a) An employee may bring a civil action in a court of competent
jurisdiction against any employer or persons alleged to have violated
the provisions of this section. The court shall have jurisdiction to
restrain violations of this section, within two years after such
violation, regardless of the dates of employment of the employee, and to
order all appropriate relief, including enjoining the conduct of any
person or employer; ordering payment of liquidated damages, costs and
reasonable attorneys' fees to the employee by the person or entity in
violation; and, where the person or entity in violation is an employer,
ordering rehiring or reinstatement of the employee to his or her former
position with restoration of seniority or an award of front pay in lieu
of reinstatement, and an award of lost compensation and damages, costs
and reasonable attorneys' fees. Liquidated damages shall be calculated
as an amount not more than [ten] TWENTY thousand dollars. The court
shall award liquidated damages to every employee aggrieved under this
section, in addition to any other remedies permitted by this section.
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.
S 7. Subdivision 3 of section 218 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
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 the civil penalty, if any, and at the commissioner's
discretion, an additional fifteen percent damages upon any outstanding
monies owed. At the request of an employee, [and at the discretion of
the commissioner,] the commissioner [may] SHALL assign that portion of
the money due that constitutes wages, wage supplements, interest on
wages or wage supplements, or liquidated damages due that employee, to
that employee and file an order in that amount in the name of that
employee with the county clerk of the county where the employer resides
or has a place of business. The filing of such order or decision shall
have the full force and effect of a judgment duly docketed in the office
of such clerk. The 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.
S 8. Subdivision 3 of section 219 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
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,
S. 5885--B 7
including, at the commissioner's discretion, an additional fifteen
percent damages upon any outstanding monies owed. At the request of an
employee, [and at the discretion of the commissioner,] the commissioner
[may] SHALL assign that portion of the money due that constitutes wages,
wage supplements, interest on wages or wage supplements, or liquidated
damages due the employee, to that employee and file an 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 order or decision shall have the full force and effect of a judg-
ment duly docketed in the office of such clerk. The 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 judg-
ment.
S 9. Subdivision 3 of section 663 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
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. 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. THE COMMISSIONER'S INVESTIGATION SHALL COVER THE ENTIRE SIX-
YEAR STATUTE OF LIMITATIONS PERIOD UNLESS THE COMMISSIONER OTHERWISE
NOTIFIES ALL AFFECTED EMPLOYEES. Investigation by the commissioner
shall not be a prerequisite to nor a bar against a person bringing a
civil action under this article.
S 10. The labor law is amended by adding a new section 861-g to read
as follows:
S 861-G. CONTRACTOR ACCOUNTABILITY. WHEN A CONTRACTOR OR SUB-CONTRAC-
TOR IS FOUND TO HAVE FAILED TO PAY ALL WAGES AS REQUIRED BY ARTICLE SIX
OR NINETEEN OF THIS CHAPTER, EITHER BY A FINAL ORDER ISSUED BY THE
COMMISSIONER, AN ASSURANCE OF DISCONTINUANCE OR FINAL SETTLEMENT WITH
THE OFFICE OF THE ATTORNEY GENERAL, OR A FINAL JUDGMENT OR ORDER OF A
COURT OF COMPETENT JURISDICTION, THE CONTRACTOR OR SUB-CONTRACTOR SHALL
NOTIFY ALL OF ITS EMPLOYEES OF THE NATURE OF THESE VIOLATIONS. NOTIFI-
CATION SUMMARIZING THE FINDINGS SHALL BE MADE VIA PAYCHECK ATTACHMENT TO
EMPLOYEES AT ALL WORKSITES ACCORDING TO SUCH FORM AND MANNER ORDERED BY
THE COMMISSIONER. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMUL-
GATE RULES NECESSARY TO EFFECTUATE THE TERMS OF THIS SECTION.
S 11. Section 609 of the limited liability company law is amended by
adding two new subdivisions (c) and (d) to read as follows:
(C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (A) AND (B) OF THIS
SECTION, THE TEN MEMBERS WITH THE LARGEST PERCENTAGE OWNERSHIP INTEREST,
AS DETERMINED AS OF THE BEGINNING OF THE PERIOD DURING WHICH THE UNPAID
SERVICES REFERRED TO IN THIS SECTION ARE PERFORMED, OF EVERY LIMITED
LIABILITY COMPANY, SHALL JOINTLY AND SEVERALLY BE PERSONALLY LIABLE FOR
ALL DEBTS, WAGES OR SALARIES DUE AND OWING TO ANY OF ITS LABORERS, SERV-
ANTS OR EMPLOYEES, FOR SERVICES PERFORMED BY THEM FOR SUCH LIMITED
LIABILITY COMPANY. BEFORE SUCH LABORER, SERVANT OR EMPLOYEE SHALL CHARGE
SUCH MEMBER FOR SUCH SERVICES, HE OR SHE SHALL GIVE NOTICE IN WRITING TO
SUCH MEMBER THAT HE OR SHE INTENDS TO HOLD SUCH MEMBER LIABLE UNDER THIS
SECTION. SUCH NOTICE SHALL BE GIVEN WITHIN ONE HUNDRED EIGHTY DAYS AFTER
TERMINATION OF SUCH SERVICES. AN ACTION TO ENFORCE SUCH LIABILITY SHALL
S. 5885--B 8
BE COMMENCED WITHIN NINETY DAYS AFTER THE RETURN OF AN EXECUTION UNSAT-
ISFIED AGAINST THE LIMITED LIABILITY COMPANY UPON A JUDGMENT RECOVERED
AGAINST IT FOR SUCH SERVICES. A MEMBER WHO HAS PAID MORE THAN HIS OR HER
PRO RATA SHARE UNDER THIS SECTION SHALL BE ENTITLED TO CONTRIBUTION PRO
RATA FROM THE OTHER MEMBERS LIABLE UNDER THIS SECTION WITH RESPECT TO
THE EXCESS SO PAID, OVER AND ABOVE HIS OR HER PRO RATA SHARE, AND MAY
SUE THEM JOINTLY OR SEVERALLY OR ANY NUMBER OF THEM TO RECOVER THE
AMOUNT DUE FROM THEM. SUCH RECOVERY MAY BE HAD IN A SEPARATE ACTION. AS
USED IN THIS SUBDIVISION, "PRO RATA" MEANS IN PROPORTION TO PERCENTAGE
OWNERSHIP INTEREST. BEFORE A MEMBER MAY CLAIM CONTRIBUTION FROM OTHER
MEMBERS UNDER THIS SECTION, HE OR SHE SHALL GIVE THEM NOTICE IN WRITING
THAT HE OR SHE INTENDS TO HOLD THEM SO LIABLE TO HIM OR HER.
(D) FOR THE PURPOSES OF THIS SECTION, WAGES OR SALARIES SHALL MEAN ALL
COMPENSATION AND BENEFITS PAYABLE BY AN EMPLOYER TO OR FOR THE ACCOUNT
OF THE EMPLOYEE, SERVANT OR LABORER, FOR SERVICES PERFORMED BY THEM FOR
SUCH LIMITED LIABILITY COMPANY. THESE SHALL SPECIFICALLY INCLUDE BUT NOT
BE LIMITED TO SALARIES, OVERTIME, VACATION, HOLIDAY AND SEVERANCE PAY;
EMPLOYER CONTRIBUTIONS TO OR PAYMENTS OF INSURANCE OR WELFARE BENEFITS;
EMPLOYER CONTRIBUTIONS TO PENSION OR ANNUITY FUNDS; AND ANY OTHER MONEYS
PROPERLY DUE OR PAYABLE FOR SERVICES RENDERED BY SUCH EMPLOYEE, SERVANT
OR LABORER, INCLUDING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES,
INTEREST, ATTORNEYS' FEES OR COSTS.
S 12. The state finance law is amended by adding a new section 97-pppp
to read as follows:
S 97-PPPP. WAGE THEFT PREVENTION ENFORCEMENT ACCOUNT. 1. THERE IS
HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER THE WAGE
THEFT PREVENTION ENFORCEMENT ACCOUNT.
2. SUCH FUND SHALL CONSIST OF MONEYS COLLECTED PURSUANT TO THE
PROVISIONS OF ARTICLES FIVE, SIX, NINETEEN AND NINETEEN-A OF THE LABOR
LAW, AND SECTIONS TWO HUNDRED FIFTEEN AND TWO HUNDRED EIGHTEEN OF THE
LABOR LAW, AND THE REGULATIONS PROMULGATED THEREUNDER.
3. MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF LABOR
FOR PURPOSES OF OFFSETTING THE COSTS INCURRED BY THE COMMISSIONER OF
LABOR FOR THE ADMINISTRATION AND ENFORCEMENT OF ARTICLES FIVE, SIX,
NINETEEN AND NINETEEN-A OF THE LABOR LAW, AND SECTIONS TWO HUNDRED
FIFTEEN AND TWO HUNDRED EIGHTEEN OF THE LABOR LAW, AND THE REGULATIONS
PROMULGATED THEREUNDER.
4. THE MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF LABOR OR HIS OR HER DESIGNEE.
5. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
MONEYS SHALL BE AVAILABLE FROM THE FUND UNTIL A CERTIFICATE OF ALLO-
CATION AND A SCHEDULE OF AMOUNTS TO BE AVAILABLE THEREFOR SHALL HAVE
BEEN ISSUED BY THE DIRECTOR OF THE BUDGET, AND A COPY OF SUCH CERTIF-
ICATE FILED WITH THE COMPTROLLER. SUCH CERTIFICATE MAY BE AMENDED FROM
TIME TO TIME BY THE DIRECTOR OF THE BUDGET AND A COPY OF EACH SUCH
AMENDMENT SHALL BE FILED WITH THE COMPTROLLER.
S 13. This act shall take effect on the sixtieth day after it shall
have become a law.
