2013 New York Consolidated Laws
LAB - Labor
Article 6 - (190 - 199-A) PAYMENT OF WAGES
196 - Powers of commissioner.


NY Lab L § 196 (2012) What's This?
 
    §  196.  Powers  of  commissioner. 1. In addition to the powers of the
  commissioner  specified  in  other  sections  of   this   chapter,   the
  commissioner shall have the following duties, powers and authority:
    a.  He  or  she  shall  investigate  and  attempt  to adjust equitably
  controversies between employers and employees relating to this  article,
  or article five, seven, nineteen or nineteen-A of this chapter.
    b.  He  or  she  may  take  assignments of claims for wages under this
  chapter from employees or third parties in trust for such  employees  or
  for   the  benefit  of  various  funds  for  such  employees.  All  such
  assignments shall run to the commissioner and his or  her  successor  in
  office. The commissioner may sue employers on wage claims thus assigned,
  with the benefits and subject to the provisions of existing law applying
  to actions by employees for collection of wages. He or she may join in a
  single action any number of wage claims against the same employer.
    c.  He  or  she  may  institute proceedings on account of any criminal
  violation of any provision of this  article,  or  article  five,  seven,
  nineteen or nineteen-A of this chapter.
    d.  If  it  shall  appear  to  him  or  her that any employer has been
  convicted of a violation of any provision of  this  article  or  article
  nineteen  or  nineteen-A  of  this  chapter  or that any order to comply
  issued against an employer under this chapter remains unsatisfied for  a
  period  of  ten days after the time to appeal therefrom has expired, and
  that no appeal therefrom is then pending, the commissioner  may  require
  such employer to deposit with him or her a bond in such sum as he or she
  may deem sufficient and adequate in the circumstances, together with two
  or  more sureties or a duly authorized surety company, to be approved by
  the commissioner. The bond shall be  payable  to  the  commissioner  and
  shall  be  conditioned  that  the  employer  will, for a definite future
  period, not exceeding two years, pay his or her employees in  accordance
  with the provisions of this article or article nineteen or nineteen-A of
  this  chapter,  and shall be further conditioned upon the payment by the
  employer of any amounts due pursuant to an order to comply  or  judgment
  against  such  employer  pursuant  to  the provisions of this article or
  article nineteen or nineteen-A of this chapter.
    If within ten days after demand for such bond,  which  demand  may  be
  made  by  certified  or  registered  mail,  such  employer shall fail to
  deposit the same, the commissioner may bring an action in the  name  and
  on  behalf  of the people of the state of New York against such employer
  in the supreme court to compel such employer to furnish such a  bond  or
  to  cease doing business until he or she has done so. The employer shall
  have the burden of proving that either such a  bond  is  unnecessary  or
  that  the amount demanded is excessive. If the court finds that there is
  just cause for requiring the bond and that same is reasonably  necessary
  or proper to secure prompt payment of the wages of the employees of such
  employer  and  his or her compliance with the provisions of this article
  or article nineteen or nineteen-A of this chapter, the court may  enjoin
  such  employer  and such other person or persons as may have been or may
  be concerned with or in any way participating in the failure to pay  the
  wages  resulting in the conviction or order to comply as aforesaid, from
  doing business until the requirement is met and make other  and  further
  orders appropriate to compel compliance with the requirement.
    If  any  order to comply issued against an employer under this article
  or article nineteen or nineteen-A of this  chapter  remains  unsatisfied
  for a period of ten days after the time to appeal therefrom has expired,
  and  that  no  appeal  therefrom  is  then pending, the commissioner may
  require the employer to provide an accounting of assets of the employer,
  including but not limited to, a list  of  all  bank  accounts,  accounts
  receivable,  personal  property,  real  property,  automobiles  or other

  vehicles, and any other assets, in a form and manner  as  prescribed  by
  the  commissioner. An employer shall provide such amended accountings of
  assets as the commissioner shall order. If within ten days after  demand
  for  such an accounting of assets, which demand may be made by certified
  or registered mail, such employer shall fail to provide same, or if  the
  employer  fails  to provide an amended accounting as required under this
  section, the commissioner may bring an action in the name and on  behalf
  of  the  people  of  the  state of New York against such employer in the
  supreme court to compel such employer to furnish the accounting and  pay
  a civil penalty of no more than ten thousand dollars.
    e.  He  or  she  is  hereby  authorized  and  empowered  to enter into
  reciprocal agreements with the labor department or corresponding  agency
  of  any  other  state  or with the person, board, officer, or commission
  authorized to act on behalf  of  such  department  or  agency,  for  the
  collection  in such other states of claims and judgments for wages based
  upon claims assigned to the commissioner.
    The commissioner may, to the extent provided  for  by  any  reciprocal
  agreement  entered  into  by  law or with any agency of another state as
  herein provided, maintain actions in the courts of such other state  for
  the  collection  of  claims  and judgments for wages and may assign such
  claims and judgments to the labor department or  agency  of  such  other
  state  for  collection  to  the  extent  that  such an assignment may be
  permitted or provided for by the law of  such  state  or  by  reciprocal
  agreement.
    The commissioner may, upon the written consent of the labor department
  or  other  corresponding  agency  of  any  other state or of any person,
  board, officer or commission of such state authorized to act  on  behalf
  of  such  labor  department or corresponding agency, maintain actions in
  the courts of this state upon assigned claims and  judgments  for  wages
  arising  in  such  other state in the same manner and to the same extent
  that such actions by the commissioner are  authorized  when  arising  in
  this  state. However, such actions may be maintained only in cases where
  such other state by law or reciprocal agreement extends a like comity to
  cases arising in this state.
    2. Nothing in  this  section  shall  be  construed  as  requiring  the
  commissioner  in  every  instance  to  investigate and attempt to adjust
  controversies, or to take assignments of wage claims,  or  to  institute
  criminal  prosecutions  for  any violation under this article or article
  five, seven, nineteen or nineteen-A of this chapter, but he or she shall
  be deemed vested with discretion in such matters.

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