N.Y. Labor Law § 236: Failure to protest underpayments

§ 236. Failure to protest underpayments. Notwithstanding any

inconsistent provision of this chapter or of any other general, special

or local law, ordinance, charter or administrative code, a service

employee shall not be barred from his right to recover the difference

between the amount actually paid to him and the amount which should have

been paid to him pursuant to an order entered under the provisions of

this article because of the prior receipt by him without protest of

wages paid or on account of his failure to state orally or in writing

upon any payroll or receipt which he is required to sign that the wages

received by him are received under protest, or on account of his failure

to indicate his protest against the amount, or that the amount so paid

does not constitute payment in full of wages due him for the period

covered by such payment.