§ 663 — Civil action

§ 663. Civil action. 1. By employee. If any employee is paid by his or\nher employer less than the wage to which he or she is entitled under the\nprovisions of this article, he or she shall recover in a civil action\nthe amount of any such underpayments, together with costs all reasonable\nattorney's fees, prejudgment interest as required under the civil\npractice law and rules, and unless the employer proves a good faith\nbasis to believe that its underpayment of wages was in compliance with\nthe law, an additional amount as liquidated damages equal to one hundred\npercent of the total of such underpayments found to be due. Any\nagreement between the employee, and the employer to work for less than\nsuch wage shall be no defense to such action.\n 2. By commissioner. On behalf of any employee paid less than the wage\nto which the employee is entitled under the provisions of this article,\nthe commissioner may bring any legal action necessary, including\nadministrative action, to collect such claim, and the employer shall be\nrequired to pay the full amount of the underpayment, plus costs, and\nunless the employer proves a good faith basis to believe that its\nunderpayment was in compliance with the law, an additional amount as\nliquidated damages. Liquidated damages shall be calculated by the\ncommissioner as no more than one hundred percent of the total amount of\nunderpayments found to be due the employee. In any action brought by the\ncommissioner in a court of competent jurisdiction, liquidated damages\nshall be calculated as an amount equal to one hundred percent of\nunderpayments found to be due the employee.\n 3. Limitation of time. Notwithstanding any other provision of law, an\naction to recover upon a liability imposed by this article must be\ncommenced within six years. The statute of limitations shall be tolled\nfrom the date an employee files a complaint with the commissioner or the\ncommissioner commences an investigation, whichever is earlier, until an\norder to comply issued by the commissioner becomes final, or where the\ncommissioner does not issue an order, until the date on which the\ncommissioner notifies the complainant that the investigation has\nconcluded. Investigation by the commissioner shall not be a prerequisite\nto nor a bar against a person bringing a civil action under this\narticle.\n 4. Attorneys' fees. In any civil action by an employee or by the\ncommissioner, the employee or commissioner shall have the right to\ncollect attorneys' fees and costs incurred in enforcing any court\njudgment. Any judgment or court order awarding remedies under this\nsection shall provide that if any amounts remain unpaid upon the\nexpiration of ninety days following issuance of judgment, or ninety days\nafter expiration of the time to appeal and no appeal therefrom is then\npending, whichever is later, the total amount of judgment shall\nautomatically increase by fifteen percent.\n