State Codes and Statutes

Statutes > New-york > Lab > Article-6 > 198

§  198. Costs, remedies. 1. In any action instituted upon a wage claim  by an employee or the commissioner in which the employee  prevails,  the  court  may  allow  such  employee  in  addition  to  ordinary  costs,  a  reasonable sum, not exceeding fifty dollars for expenses  which  may  be  taxed  as  costs.  No assignee of a wage claim, except the commissioner,  shall be benefited by this provision.    1-a. On behalf of any employee paid less than the wage to which he  or  she  is  entitled under the provisions of this article, the commissioner  may bring any legal action necessary, including  administrative  action,  to  collect  such claim and as part of such legal action, in addition to  any other remedies and penalties otherwise available under this article,  the commissioner may assess against the employer an additional amount as  liquidated damages equal to twenty-five percent of the total  amount  of  wages found to be due, unless the employer proves a good faith basis for  believing that its underpayment of wages was in compliance with the law.  In  any action instituted in the courts upon a wage claim by an employee  or the commissioner in which the  employee  prevails,  the  court  shall  allow  such employee reasonable attorney's fees 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 twenty-five percent of the total amount of the wages  found  to  be due.    2.   The   remedies   provided   by   this  article  may  be  enforced  simultaneously or consecutively so far as  not  inconsistent  with  each  other.    3.  Notwithstanding  any  other provision of law, an action to recover  upon a liability imposed by this article must be  commenced  within  six  years.    All  employees  shall  have  the  right to recover full wages,  benefits and wage supplements accrued during the six years  previous  to  the  commencing of such action, whether such action is instituted by the  employee or by the commissioner.

State Codes and Statutes

Statutes > New-york > Lab > Article-6 > 198

§  198. Costs, remedies. 1. In any action instituted upon a wage claim  by an employee or the commissioner in which the employee  prevails,  the  court  may  allow  such  employee  in  addition  to  ordinary  costs,  a  reasonable sum, not exceeding fifty dollars for expenses  which  may  be  taxed  as  costs.  No assignee of a wage claim, except the commissioner,  shall be benefited by this provision.    1-a. On behalf of any employee paid less than the wage to which he  or  she  is  entitled under the provisions of this article, the commissioner  may bring any legal action necessary, including  administrative  action,  to  collect  such claim and as part of such legal action, in addition to  any other remedies and penalties otherwise available under this article,  the commissioner may assess against the employer an additional amount as  liquidated damages equal to twenty-five percent of the total  amount  of  wages found to be due, unless the employer proves a good faith basis for  believing that its underpayment of wages was in compliance with the law.  In  any action instituted in the courts upon a wage claim by an employee  or the commissioner in which the  employee  prevails,  the  court  shall  allow  such employee reasonable attorney's fees 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 twenty-five percent of the total amount of the wages  found  to  be due.    2.   The   remedies   provided   by   this  article  may  be  enforced  simultaneously or consecutively so far as  not  inconsistent  with  each  other.    3.  Notwithstanding  any  other provision of law, an action to recover  upon a liability imposed by this article must be  commenced  within  six  years.    All  employees  shall  have  the  right to recover full wages,  benefits and wage supplements accrued during the six years  previous  to  the  commencing of such action, whether such action is instituted by the  employee or by the commissioner.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lab > Article-6 > 198

§  198. Costs, remedies. 1. In any action instituted upon a wage claim  by an employee or the commissioner in which the employee  prevails,  the  court  may  allow  such  employee  in  addition  to  ordinary  costs,  a  reasonable sum, not exceeding fifty dollars for expenses  which  may  be  taxed  as  costs.  No assignee of a wage claim, except the commissioner,  shall be benefited by this provision.    1-a. On behalf of any employee paid less than the wage to which he  or  she  is  entitled under the provisions of this article, the commissioner  may bring any legal action necessary, including  administrative  action,  to  collect  such claim and as part of such legal action, in addition to  any other remedies and penalties otherwise available under this article,  the commissioner may assess against the employer an additional amount as  liquidated damages equal to twenty-five percent of the total  amount  of  wages found to be due, unless the employer proves a good faith basis for  believing that its underpayment of wages was in compliance with the law.  In  any action instituted in the courts upon a wage claim by an employee  or the commissioner in which the  employee  prevails,  the  court  shall  allow  such employee reasonable attorney's fees 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 twenty-five percent of the total amount of the wages  found  to  be due.    2.   The   remedies   provided   by   this  article  may  be  enforced  simultaneously or consecutively so far as  not  inconsistent  with  each  other.    3.  Notwithstanding  any  other provision of law, an action to recover  upon a liability imposed by this article must be  commenced  within  six  years.    All  employees  shall  have  the  right to recover full wages,  benefits and wage supplements accrued during the six years  previous  to  the  commencing of such action, whether such action is instituted by the  employee or by the commissioner.

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