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New York · Through 2026-09-11

N.Y. Labor Law § 227: Enforcement of the provisions of this article

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Where this section sits in the code
  1. Labor Law
  2. Article 8-A. Grade Crossing Elimination Work; Hours, Wages, Employment and General Requirements

§ 227. Enforcement of the provisions of this article. The procedure

for ascertaining and determining the hours of labor and the prevailing

rate of wage shall be as prescribed by section two hundred and twenty of

this chapter, except that the "fiscal officer," referred to therein

shall in every instance, for the purposes of this article be the state

industrial commissioner.

Upon the entry of any order of the industrial commissioner affecting

either such hours of labor or rate of wages, any party to the proceeding

aggrieved thereby may bring a proceeding for review pursuant to article

seventy-eight of the civil practice law and rules within thirty days

from the notice of the filing of such order in the office of the

industrial commissioner. If such order is not reviewed or is so reviewed

and confirmed and the determination is in favor of the complainant and

involves or relates to the rate of wages paid on such public work, the

complainant or any other person affected may within three months after

the service of notice of the filing of such order, or the judgment if

the order is reviewed, institute an action against the person or

corporation found violating this article for the recovery of the

difference between the sum actually paid and the amount which should

have been paid as determined by such order for the period following the

date of the filing with the industrial commissioner of the complaint or

of the report of investigation made by the industrial commissioner on

his own initiative.

When an order of the industrial commissioner has been made, any person

or corporation that wilfully refuses thereafter to pay the prevailing

rate of wages determined by said order or wilfully employs on such

public work, laborers, workmen or mechanics more than the hours per day

determined by such order until such order has been changed by the

industrial commissioner or by the court after adjudication upon the

merits, shall be guilty of a misdemeanor and upon conviction shall be

punished, for a first offense by a fine of five hundred dollars or by

imprisonment for not more than thirty days, or by both such fine and

imprisonment; for a second offense by a fine of one thousand dollars or

by imprisonment for not more than ninety days or by both such fine and

imprisonment, and after conviction of a second offense no such person or

corporation shall be entitled to receive any sum of money nor shall any

officer, agent or employee of the state or of a municipal corporation or

of a board or commission appointed pursuant to law pay the same or

authorize its payment from the funds under his charge or control to any

such person or corporation or to any other person or corporation for or

on account of work done upon any such contract.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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