N.Y. Labor Law § 196-a: Complaints by employees to commissioner

§ 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.