N.Y. Labor Law § 198-c: Benefits or wage supplements

§ 198-c. Benefits or wage supplements. 1. In addition to any other

penalty or punishment otherwise prescribed by law, any employer who is

party to an agreement to pay or provide benefits or wage supplements to

employees or to a third party or fund for the benefit of employees and

who fails, neglects or refuses to pay the amount or amounts necessary to

provide such benefits or furnish such supplements within thirty days

after such payments are required to be made, shall be guilty of a

misdemeanor, and upon conviction shall be punished as provided in

section one hundred ninety-eight-a of this article. Where such employer

is a corporation, the president, secretary, treasurer or officers

exercising corresponding functions shall each be guilty of a

misdemeanor.

2. As used in this section, the term "benefits or wage supplements"

includes, but is not limited to, reimbursement for expenses; health,

welfare and retirement benefits; and vacation, separation or holiday

pay.

3. This section shall not apply to any person in a bona fide

executive, administrative, or professional capacity whose earnings are

in excess of one thousand three hundred dollars a week.