§ 1912. Actions in which no fees to be charged; employees; state or
city actions. (a) Employee's action. When the action is brought by an
employee against an employer for services performed by such employee,
the clerk shall not demand or receive any fees whatsoever from the
plaintiff or his attorney, if the plaintiff shall present proof by his
own affidavit that his demand does not exceed three hundred dollars
exclusive of interest and costs; that he is a resident of or an employee
in the city of New York; that he has a good and meritorious cause of
action against the defendant and the nature thereof; and that he has
made either a written or a personal demand upon the defendant or his
agent for payment thereof and payment was refused; provided that if the
plaintiff shall demand a trial by jury, he must pay to the clerk the
fees therefor.

(b) State or city actions. In an action brought in the name of the
people of the state of New York by the attorney-general, or in the name
of the city of New York or of any department, board or officer thereof,
by the corporation counsel or any municipal department, board or officer
of the city of New York, for the recovery of a penalty, no fees shall be
required to be paid by the plaintiff to the clerk and no costs shall be
taxed against the plaintiff; but in case such plaintiff recovers
judgment, the costs and taxable disbursements shall be included therein,
and if collected shall be accounted for.