State Codes and Statutes

Statutes > New-york > Lab > Article-7 > 219

§ 219. Violations of certain wage payment provisions; interest, filing  of  order  as  judgment.    1.  If  the  commissioner determines that an  employer has failed to pay wages, benefits or wage supplements  required  pursuant  to  article  six (payment of wages), article nineteen (minimum  wage act) or article nineteen-a of this chapter, or a rule or regulation  promulgated thereunder, the commissioner shall issue to the employer  an  order  directing compliance therewith, which shall describe particularly  the nature of the alleged violation. Such order shall direct payment  of  wages  or supplements found to be due, including interest at the rate of  interest then in effect as prescribed by  the  superintendent  of  banks  pursuant  to  section  fourteen-a  of the banking law per annum from the  date of the underpayment to the date of the payment.    2. An order issued under subdivision one  of  this  section  shall  be  final  and not subject to review by any court or agency unless review is  had pursuant to section one hundred one of this chapter.    3. Provided that no proceeding for administrative or  judicial  review  as  provided  in  this  chapter  shall  then be pending and the time for  initiation of such proceeding shall have expired, the  commissioner  may  file  with  the county clerk of the county where the employer resides or  has a place of business the order of the commissioner or the decision of  the industrial board of appeals containing the amount found to  be  due.  The  filing  of  such  order  or  decision shall have the full force and  effect of a judgment duly docketed in the  office  of  such  clerk.  The  order or decision may be enforced by and in the name of the commissioner  in  the  same  manner,  and  with like effect, as that prescribed by the  civil practice law and rules for the enforcement of a money judgment.

State Codes and Statutes

Statutes > New-york > Lab > Article-7 > 219

§ 219. Violations of certain wage payment provisions; interest, filing  of  order  as  judgment.    1.  If  the  commissioner determines that an  employer has failed to pay wages, benefits or wage supplements  required  pursuant  to  article  six (payment of wages), article nineteen (minimum  wage act) or article nineteen-a of this chapter, or a rule or regulation  promulgated thereunder, the commissioner shall issue to the employer  an  order  directing compliance therewith, which shall describe particularly  the nature of the alleged violation. Such order shall direct payment  of  wages  or supplements found to be due, including interest at the rate of  interest then in effect as prescribed by  the  superintendent  of  banks  pursuant  to  section  fourteen-a  of the banking law per annum from the  date of the underpayment to the date of the payment.    2. An order issued under subdivision one  of  this  section  shall  be  final  and not subject to review by any court or agency unless review is  had pursuant to section one hundred one of this chapter.    3. Provided that no proceeding for administrative or  judicial  review  as  provided  in  this  chapter  shall  then be pending and the time for  initiation of such proceeding shall have expired, the  commissioner  may  file  with  the county clerk of the county where the employer resides or  has a place of business the order of the commissioner or the decision of  the industrial board of appeals containing the amount found to  be  due.  The  filing  of  such  order  or  decision shall have the full force and  effect of a judgment duly docketed in the  office  of  such  clerk.  The  order or decision may be enforced by and in the name of the commissioner  in  the  same  manner,  and  with like effect, as that prescribed by the  civil practice law and rules for the enforcement of a money judgment.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lab > Article-7 > 219

§ 219. Violations of certain wage payment provisions; interest, filing  of  order  as  judgment.    1.  If  the  commissioner determines that an  employer has failed to pay wages, benefits or wage supplements  required  pursuant  to  article  six (payment of wages), article nineteen (minimum  wage act) or article nineteen-a of this chapter, or a rule or regulation  promulgated thereunder, the commissioner shall issue to the employer  an  order  directing compliance therewith, which shall describe particularly  the nature of the alleged violation. Such order shall direct payment  of  wages  or supplements found to be due, including interest at the rate of  interest then in effect as prescribed by  the  superintendent  of  banks  pursuant  to  section  fourteen-a  of the banking law per annum from the  date of the underpayment to the date of the payment.    2. An order issued under subdivision one  of  this  section  shall  be  final  and not subject to review by any court or agency unless review is  had pursuant to section one hundred one of this chapter.    3. Provided that no proceeding for administrative or  judicial  review  as  provided  in  this  chapter  shall  then be pending and the time for  initiation of such proceeding shall have expired, the  commissioner  may  file  with  the county clerk of the county where the employer resides or  has a place of business the order of the commissioner or the decision of  the industrial board of appeals containing the amount found to  be  due.  The  filing  of  such  order  or  decision shall have the full force and  effect of a judgment duly docketed in the  office  of  such  clerk.  The  order or decision may be enforced by and in the name of the commissioner  in  the  same  manner,  and  with like effect, as that prescribed by the  civil practice law and rules for the enforcement of a money judgment.