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N.Y. Lab. Law § 236

Failure to protest underpayments

Applied in 1 court decision — leading case Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of Labor (2021)

Most recently applied in Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of Labor (January 2021)

2021-04-02

§ 236. Failure to protest underpayments. Notwithstanding any\ninconsistent provision of this chapter or of any other general, special\nor local law, ordinance, charter or administrative code, a service\nemployee shall not be barred from his right to recover the difference\nbetween the amount actually paid to him and the amount which should have\nbeen paid to him pursuant to an order entered under the provisions of\nthis article because of the prior receipt by him without protest of\nwages paid or on account of his failure to state orally or in writing\nupon any payroll or receipt which he is required to sign that the wages\nreceived by him are received under protest, or on account of his failure\nto indicate his protest against the amount, or that the amount so paid\ndoes not constitute payment in full of wages due him for the period\ncovered by such payment.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.