2010 New York Code
LAB - Labor
Article 6 - (190 - 199-A) PAYMENT OF WAGES
198 - Costs, remedies.

§  198. Costs, remedies. 1. In any action instituted upon a wage claim
  by an employee or the commissioner in which the employee  prevails,  the
  court  may  allow  such  employee  in  addition  to  ordinary  costs,  a
  reasonable sum, not exceeding fifty dollars for expenses  which  may  be
  taxed  as  costs.  No assignee of a wage claim, except the commissioner,
  shall be benefited by this provision.
    1-a. On behalf of any employee paid less than the wage to which he  or
  she  is  entitled under the provisions of this article, the commissioner
  may bring any legal action necessary, including  administrative  action,
  to  collect  such claim and as part of such legal action, in addition to
  any other remedies and penalties otherwise available under this article,
  the commissioner may assess against the employer an additional amount as
  liquidated damages equal to twenty-five percent of the total  amount  of
  wages found to be due, unless the employer proves a good faith basis for
  believing that its underpayment of wages was in compliance with the law.
  In  any action instituted in the courts upon a wage claim by an employee
  or the commissioner in which the  employee  prevails,  the  court  shall
  allow  such employee reasonable attorney's fees and, unless the employer
  proves a good faith basis to believe that its underpayment of wages  was
  in  compliance  with the law, an additional amount as liquidated damages
  equal to twenty-five percent of the total amount of the wages  found  to
  be due.
    2.   The   remedies   provided   by   this  article  may  be  enforced
  simultaneously or consecutively so far as  not  inconsistent  with  each
  other.
    3.  Notwithstanding  any  other provision of law, an action to recover
  upon a liability imposed by this article must be  commenced  within  six
  years.    All  employees  shall  have  the  right to recover full wages,
  benefits and wage supplements accrued during the six years  previous  to
  the  commencing of such action, whether such action is instituted by the
  employee or by the commissioner.

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