§ 196-a. Complaints by employees to commissioner. (a) Any employee;
person or organization acting on the employee's behalf; or the
recognized and certified collective bargaining agent acting on the
employee's behalf, may file with the commissioner a complaint regarding
a violation of this article, article five, seven, nineteen, or
nineteen-A of this chapter for an investigation of such complaint and
statement setting the appropriate remedy, if any. The commissioner shall
keep the names of employees that are the subject of an investigation
confidential until such time that disclosure is necessary for resolution
of an investigation or a complaint. Failure of an employer to keep
adequate records or provide statements of wages to employees as required
under this chapter, in addition to exposing such employer to penalties
authorized under subdivision one of section two hundred eighteen of this
chapter, shall not operate as a bar to filing of a complaint by an
employee. In such a case the employer in violation shall bear the burden
of proving that the complaining employee was paid wages, benefits and
wage supplements.

(b) Any employee, or the recognized and certified collective
bargaining agent acting on the employee's behalf, contractor, or the
recognized and certified labor organization with which the contractor
has executed a collective bargaining agreement covering wages, benefits
and supplements, may file with the commissioner a complaint regarding an
alleged violation of this article or article nineteen of this chapter
occasioned by another person, corporation, employer or entities in
violation of article thirty-five-E of the general business law for an
investigation of such complaint and statement setting the appropriate
remedy, if any.