N.Y. Labor Law § 198: Costs, remedies

§ 198. Costs, remedies. 1. In any action instituted upon a wage claim

by an employee or the commissioner in which the employee prevails, the

court may allow such employee in addition to ordinary costs, a

reasonable sum, not exceeding fifty dollars for expenses which may be

taxed as costs. No assignee of a wage claim, except the commissioner,

shall be benefited by this provision.

1-a. On behalf of any employee paid less than the wage to which they

are entitled under the provisions of this article, the commissioner may

bring any legal action necessary, including administrative 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 shall assess against the employer the full amount of any

such underpayment, and an additional amount as liquidated damages,

unless the employer proves a good faith basis for believing that its

underpayment of wages was in compliance with the law. Liquidated damages

shall be calculated by the commissioner as no more than one hundred

percent of the total amount of wages found to be due, except such

liquidated damages may be up to three hundred percent of the total

amount of the wages found to be due for a willful violation of section

one hundred ninety-four of this article. In any action instituted in the

courts upon a wage claim by an employee or the commissioner in which the

employee prevails, the court shall allow such employee to recover the

full amount of any underpayment, all reasonable attorney's fees,

prejudgment interest as required under the civil practice law and rules,

and, unless the employer proves a good faith basis to believe that its

underpayment of wages was in compliance with the law, an additional

amount as liquidated damages equal to one hundred percent of the total

amount of the wages found to be due, except such liquidated damages may

be up to three hundred percent of the total amount of the wages found to

be due for a willful violation of section one hundred ninety-four of

this article. Notwithstanding the provisions of this subdivision,

liquidated damages shall not be applicable to violations of paragraph a

of subdivision one of section one hundred ninety-one of this article

where the employer paid the employee wages on a regular payday, no less

frequently than semi-monthly. Such violations shall be subject to

damages as follows:

(i) no more than one hundred percent of the lost interest found to be

due for the delayed payment of wages calculated using a daily interest

rate for each day payment is late based on the annual rate of interest

then in effect, as prescribed by the superintendent of financial

services pursuant to section fourteen-a of the banking law for the

employer's first violation; or

(ii) for conduct occurring after the effective date of this paragraph,

liquidated damages equal to one hundred percent of the total amount of

wages found to be due in violation of paragraph a of subdivision one of

section one hundred ninety-one of this article for any employer who,

after the effective date of this paragraph, has been subject to one or

more previous findings and orders for violations of paragraph a of

subdivision one of section one hundred ninety-one of this article for

which no proceeding for administrative or judicial review as provided in

this chapter is pending and the time for initiation of such proceeding

shall have expired and relating to employees performing the same work.

For purposes of this subdivision, an order shall mean a single final

order or determination made by the commissioner or a court of competent

jurisdiction, regardless of the number of employees or the time period

that was subject to such order.

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 day

that the violations occurred or continue to occur, but not to exceed a

total of 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 notice as required by

subdivision one of section one hundred ninety-five of this article, the

commissioner may bring any legal action necessary, including

administrative 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 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 (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 two

hundred fifty dollars for each work day that the violations occurred or

continue to occur, but not to exceed a total of 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

administrative 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 two hundred fifty dollars for each work 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 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

article.

2. The remedies provided by this article may be enforced

simultaneously or consecutively so far as not inconsistent with each

other.

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

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. All employees 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. There is no

exception to liability under this section for the unauthorized failure

to pay wages, benefits or wage supplements.

4. In any civil action by an employee or by the commissioner, the

employee or commissioner shall have the right to collect attorney's fees

and costs incurred in enforcing any court judgment. Any judgment or

court order awarding remedies under this section shall provide that if

any amounts remain unpaid upon the expiration of ninety days following

issuance of judgment, or ninety days after expiration of the time to

appeal and no appeal is then pending, whichever is later, the total

amount of judgment shall automatically increase by fifteen percent.