2012 New York Consolidated Laws
LAB - Labor
Article 19 - (650 - 665) MINIMUM WAGE ACT
663 - Civil action.

 
    § 663. Civil action. 1. By employee. If any employee is paid by his or
  her employer less than the wage to which he or she is entitled under the
  provisions  of  this  article, he or she shall recover in a civil action
  the amount of any such underpayments, together with costs all reasonable
  attorney's fees,  prejudgment  interest  as  required  under  the  civil
  practice  law  and  rules,  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 one hundred
  percent  of  the  total  of  such  underpayments  found  to  be due. Any
  agreement between the employee, and the employer to work for  less  than
  such wage shall be no defense to such action.
    2.  By commissioner. On behalf of any employee paid less than the wage
  to which the employee is entitled under the provisions of this  article,
  the  commissioner  may  bring  any  legal  action  necessary,  including
  administrative action, to collect such claim, and the employer shall  be
  required  to  pay  the  full amount of the underpayment, plus costs, and
  unless the employer proves a  good  faith  basis  to  believe  that  its
  underpayment  was  in  compliance  with the law, an additional amount as
  liquidated damages.  Liquidated  damages  shall  be  calculated  by  the
  commissioner  as no more than one hundred percent of the total amount of
  underpayments found to be due the employee. In any action brought by the
  commissioner in a court of competent  jurisdiction,  liquidated  damages
  shall  be  calculated  as  an  amount  equal  to  one hundred percent of
  underpayments found to be due the employee.
    3. Limitation of time. Notwithstanding any other provision of law,  an
  action  to  recover  upon  a  liability  imposed by this article must be
  commenced within six years. The statute of limitations shall  be  tolled
  from the date an employee files a complaint with the commissioner or the
  commissioner  commences an investigation, whichever is earlier, until an
  order to comply issued by the commissioner becomes final, or  where  the
  commissioner  does  not  issue  an  order,  until  the date on which the
  commissioner  notifies  the  complainant  that  the  investigation   has
  concluded. Investigation by the commissioner shall not be a prerequisite
  to  nor  a  bar  against  a  person  bringing  a civil action under this
  article.
    4. Attorneys' fees. In any civil action  by  an  employee  or  by  the
  commissioner,  the  employee  or  commissioner  shall  have the right to
  collect attorneys' fees  and  costs  incurred  in  enforcing  any  court
  judgment.  Any  judgment  or  court  order  awarding remedies under this
  section shall provide  that  if  any  amounts  remain  unpaid  upon  the
  expiration of ninety days following issuance of judgment, or ninety days
  after  expiration  of the time to appeal and no appeal therefrom is then
  pending,  whichever  is  later,  the  total  amount  of  judgment  shall
  automatically increase by fifteen percent.