N.Y. Lab. Law § 198

§ 198. Costs, remedies. 1. In any action instituted upon a wage claim\nby an employee or the commissioner in which the employee prevails, the\ncourt may allow such employee in addition to ordinary costs, a\nreasonable sum, not exceeding fifty dollars for expenses which may be\ntaxed as costs. No assignee of a wage claim, except the commissioner,\nshall be benefited by this provision.\n 1-a. On behalf of any employee paid less than the wage to which he or\nshe is entitled under the provisions of this article, the commissioner\nmay bring any legal action necessary, including administrative action,\nto collect such claim and as part of such legal action, in addition to\nany other remedies and penalties otherwise available under this article,\nthe commissioner shall assess against the employer the full amount of\nany such underpayment, and an additional amount as liquidated damages,\nunless the employer proves a good faith basis for believing that its\nunderpayment of wages was in compliance with the law. Liquidated damages\nshall be calculated by the commissioner as no more than one hundred\npercent of the total amount of wages found to be due. In any action\ninstituted in the courts upon a wage claim by an employee or the\ncommissioner in which the employee prevails, the court shall allow such\nemployee to recover the full amount of any underpayment, all reasonable\nattorney's fees, prejudgment interest as required under the civil\npractice law and rules, and, unless the employer proves a good faith\nbasis to believe that its underpayment of wages was in compliance with\nthe law, an additional amount as liquidated damages equal to one hundred\npercent of the total amount of the wages found to be due.\n 1-b. If any employee is not provided within ten business days of his\nor her first day of employment a notice as required by subdivision one\nof section one hundred ninety-five of this article, he or she may\nrecover in a civil action damages of fifty dollars for each work week\nthat the violations occurred or continue to occur, but not to exceed a\ntotal of two thousand five hundred dollars, together with costs and\nreasonable attorney's fees. The court may also award other relief,\nincluding injunctive and declaratory relief, that the court in its\ndiscretion deems necessary or appropriate.\n On behalf of any employee not provided a notice as required by\nsubdivision one of section one hundred ninety-five of this article, the\ncommissioner may bring any legal action necessary, including\nadministrative action, to collect such claim, and as part of such legal\naction, in addition to any other remedies and penalties otherwise\navailable under this article, the commissioner may assess against the\nemployer damages of fifty dollars for each work week that the violations\noccurred or continue to occur. In any action or administrative\nproceeding to recover damages for violation of paragraph (d) of\nsubdivision one of section one hundred ninety-five of this article, it\nshall be an affirmative defense that (i) the employer made complete and\ntimely payment of all wages due pursuant to this article or article\nnineteen or article nineteen-A of this chapter to the employee who was\nnot provided notice as required by subdivision one of section one\nhundred ninety-five of this article or (ii) the employer reasonably\nbelieved in good faith that it was not required to provide the employee\nwith notice pursuant to subdivision one of section one hundred\nninety-five of this article.\n 1-d. If any employee is not provided a statement or statements as\nrequired by subdivision three of section one hundred ninety-five of this\narticle, he or she shall recover in a civil action damages of one\nhundred dollars for each work week that the violations occurred or\ncontinue to occur, but not to exceed a total of twenty-five hundred\ndollars, together with costs and reasonable attorney's fees. The court\nmay also award other relief, including injunctive and declaratory\nrelief, that the court in its discretion deems necessary or appropriate.\n On behalf of any employee not provided a statement as required by\nsubdivision three of section one hundred ninety-five of this article,\nthe commissioner may bring any legal action necessary, including\nadministrative action, to collect such claim, and as part of such legal\naction, in addition to any other remedies and penalties otherwise\navailable under this article, the commissioner may assess against the\nemployer damages of one hundred dollars for each work week that the\nviolations occurred or continue to occur. In any action or\nadministrative proceeding to recover damages for violation of\nsubdivision three of section one hundred ninety-five of this article, it\nshall be an affirmative defense that (i) the employer made complete and\ntimely payment of all wages due pursuant to this article or articles\nnineteen or nineteen-A of this chapter to the employee who was not\nprovided statements as required by subdivision three of section one\nhundred ninety-five of this article or (ii) the employer reasonably\nbelieved in good faith that it was not required to provide the employee\nwith statements pursuant to paragraph (e) of subdivision one of section\none hundred ninety-five of this article.\n 2. The remedies provided by this article may be enforced\nsimultaneously or consecutively so far as not inconsistent with each\nother.\n 3. Notwithstanding any other provision of law, an action to recover\nupon a liability imposed by this article must be commenced within six\nyears. The statute of limitations shall be tolled from the date an\nemployee files a complaint with the commissioner or the commissioner\ncommences an investigation, whichever is earlier, until an order to\ncomply issued by the commissioner becomes final, or where the\ncommissioner does not issue an order, until the date on which the\ncommissioner notifies the complainant that the investigation has\nconcluded. Investigation by the commissioner shall not be a prerequisite\nto nor a bar against a person bringing a civil action under this\nsection. All employees shall have the right to recover full wages,\nbenefits and wage supplements and liquidated damages accrued during the\nsix years previous to the commencing of such action, whether such action\nis instituted by the employee or by the commissioner.\n 4. In any civil action by an employee or by the commissioner, the\nemployee or commissioner shall have the right to collect attorney's fees\nand costs incurred in enforcing any court judgment. Any judgment or\ncourt order awarding remedies under this section shall provide that if\nany amounts remain unpaid upon the expiration of ninety days following\nissuance of judgment, or ninety days after expiration of the time to\nappeal and no appeal is then pending, whichever is later, the total\namount of judgment shall automatically increase by fifteen percent.\n