N.Y. Labor Law § 358-a: Action and injunction

§ 358-a. Action and injunction. 1. The industrial commissioner may

maintain an action upon his own information or upon the complaint of a

private person against any person, partnership, corporation or

association, and any employee, agent, director or officer thereof who

commits any act or engages in any conduct prohibited by this article. In

any such action, the final judgment in favor of the plaintiff shall

perpetually restrain the defendant from the commission or continuance of

the act complained of. A temporary restraining order to restrain the

commission or continuance thereof may be granted upon proof, by

affidavit, that the defendant has violated any of the provisions of this

article. The provisions of statute or rule relating generally to

injunctions as provisional remedies in actions apply to such a temporary

restraining order and the proceedings thereupon.

2. If the industrial commissioner fails to maintain an action pursuant

to subdivision one hereof within fifteen days of being notified by

certified mail of such an alleged violation, any industrial homeworker

or any other person, partnership, corporation or association making such

mailing who is aggrieved by such alleged violation may commence such an

action and seek an injunction pursuant to the provisions of statute or

rule relating generally to injunctions as provisional remedies.