2020 New York Laws
LAB - Labor
Article 6 - Payment of Wages
196-A - Complaints by Employees to Commissioner.

§  196-a.  Complaints  by employees to commissioner. (a) Any employee;
person  or  organization  acting  on  the  employee's  behalf;  or   the
recognized  and  certified  collective  bargaining  agent  acting on the
employee's behalf, may file with the commissioner a complaint  regarding
a   violation  of  this  article,  article  five,  seven,  nineteen,  or
nineteen-A of this chapter for an investigation of  such  complaint  and
statement setting the appropriate remedy, if any. The commissioner shall
keep  the  names  of  employees that are the subject of an investigation
confidential until such time that disclosure is necessary for resolution
of an investigation or a complaint.  Failure  of  an  employer  to  keep
adequate records or provide statements of wages to employees as required
under  this  chapter, in addition to exposing such employer to penalties
authorized under subdivision one of section two hundred eighteen of this
chapter, shall not operate as a bar to  filing  of  a  complaint  by  an
employee. In such a case the employer in violation shall bear the burden
of  proving  that  the complaining employee was paid wages, benefits and
wage supplements.
  (b)  Any  employee,  or  the  recognized  and   certified   collective
bargaining  agent  acting  on  the employee's behalf, contractor, or the
recognized and certified labor organization with  which  the  contractor
has  executed a collective bargaining agreement covering wages, benefits
and supplements, may file with the commissioner a complaint regarding an
alleged violation of this article or article nineteen  of  this  chapter
occasioned  by  another  person,  corporation,  employer  or entities in
violation of article thirty-five-E of the general business  law  for  an
investigation  of  such  complaint and statement setting the appropriate
remedy, if any.