N.Y. Lab. Law § 198-c

§ 198-c. Benefits or wage supplements. 1. In addition to any other\npenalty or punishment otherwise prescribed by law, any employer who is\nparty to an agreement to pay or provide benefits or wage supplements to\nemployees or to a third party or fund for the benefit of employees and\nwho fails, neglects or refuses to pay the amount or amounts necessary to\nprovide such benefits or furnish such supplements within thirty days\nafter such payments are required to be made, shall be guilty of a\nmisdemeanor, and upon conviction shall be punished as provided in\nsection one hundred ninety-eight-a of this article. Where such employer\nis a corporation, the president, secretary, treasurer or officers\nexercising corresponding functions shall each be guilty of a\nmisdemeanor.\n 2. As used in this section, the term "benefits or wage supplements"\nincludes, but is not limited to, reimbursement for expenses; health,\nwelfare and retirement benefits; and vacation, separation or holiday\npay.\n 3. This section shall not apply to any person in a bona fide\nexecutive, administrative, or professional capacity whose earnings are\nin excess of one thousand three hundred dollars a week.\n