N.Y. Lab. Law § 219

§ 219. Violations of certain wage payment provisions; interest, filing\nof order as judgment. 1. If the commissioner determines that an employer\nhas failed to pay wages, benefits or wage supplements required pursuant\nto article six (payment of wages), article nineteen (minimum wage act)\nor article nineteen-A (minimum wage standards and protective labor\npractices for farm workers) of this chapter, or a rule or regulation\npromulgated thereunder, the commissioner shall issue to the employer an\norder directing compliance therewith, which shall describe particularly\nthe nature of the alleged violation. A copy of such order shall be\nprovided to any employee who has filed a complaint and to his or her\nauthorized representative. Such order shall direct payment of wages or\nsupplements found to be due, liquidated damages in the amount of one\nhundred percent of unpaid wages, and interest at the rate of interest\nthen in effect as prescribed by the superintendent of financial services\npursuant to section fourteen-a of the banking law per annum from the\ndate of the underpayment to the date of the payment.\n At the discretion of the commissioner, the commissioner shall have\nfull authority to provide for inclusion of an automatic fifteen percent\nadditional amount of damages to come due and owing upon expiration of\nninety days from an order to comply becoming final. The commissioner\nshall provide written notice to the employer in the order to comply of\nthis additional damage.\n 2. An order issued under subdivision one of this section shall be\nfinal and not subject to review by any court or agency unless review is\nhad pursuant to section one hundred one of this chapter.\n 3. Provided that no proceeding for administrative or judicial review\nas provided in this chapter shall then be pending and the time for\ninitiation of such proceeding shall have expired, the commissioner may\nfile with the county clerk of the county where the employer resides or\nhas a place of business the order of the commissioner or the decision of\nthe industrial board of appeals containing the amount found to be due,\nincluding, at the commissioner's discretion, an additional fifteen\npercent damages upon any outstanding monies owed. At the request of an\nemployee, the commissioner shall assign, without consideration or\nliability, that portion of the filed order that constitutes wages, wage\nsupplements, interest on wages or wage supplements, or liquidated\ndamages due the employee, to that employee and may file an assignment or\norder in that amount in the name of such employee with the county clerk\nof the county where the employer resides or has a place of business. The\nfiling of such assignment, order or decision shall have the full force\nand effect of a judgment duly docketed in the office of such clerk. The\nassignment, order or decision may be enforced by and in the name of the\ncommissioner, or by the employee, in the same manner, and with like\neffect, as that prescribed by the civil practice law and rules for the\nenforcement of a money judgment.\n 4. An employer similar in operation and ownership to a prior employer\nfound to be in violation of article six, nineteen or nineteen-A of this\nchapter, shall be deemed the same employer for the purposes of this\nsection if the employees of the subsequent employer are engaged in\nsubstantially the same work in substantially the same working conditions\nunder substantially the same supervisors, or if the new entity has\nsubstantially the same production process, produces substantially the\nsame products and has substantially the same body of customers. Such a\nsubsequent employer will continue to be subject to this section and\nshall be liable for the acts of the prior employer under this section.\n