N.Y. Labor Law § 663: Civil action

§ 663. Civil action. 1. By employee. If any employee is paid by his or

her employer less than the wage to which he or she is entitled under the

provisions of this article, he or she shall recover in a civil action

the amount of any such underpayments, together with costs 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 of such underpayments found to be due. Any

agreement between the employee, and the employer to work for less than

such wage shall be no defense to such action.

2. By commissioner. On behalf of any employee paid less than the wage

to which the employee is entitled under the provisions of this article,

the commissioner may bring any legal action necessary, including

administrative action, to collect such claim, and the employer shall be

required to pay the full amount of the underpayment, plus costs, and

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

underpayment was in compliance with the law, an additional amount as

liquidated damages. Liquidated damages shall be calculated by the

commissioner as no more than one hundred percent of the total amount of

underpayments found to be due the employee. In any action brought by the

commissioner in a court of competent jurisdiction, liquidated damages

shall be calculated as an amount equal to one hundred percent of

underpayments found to be due the employee.

3. Limitation of time. 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

article.

4. Attorneys' fees. In any civil action by an employee or by the

commissioner, the employee or commissioner shall have the right to

collect attorneys' 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 therefrom is then

pending, whichever is later, the total amount of judgment shall

automatically increase by fifteen percent.