N.Y. Labor Law § 696-f: Civil action

§ 696-f. Civil action. 1. On behalf of any employee paid less than the

applicable standard rate 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.

2. 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.

3. In any civil action by the commissioner, the 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.