§ 196 — Powers of commissioner

New York § 196

• Jurisdiction: New York
• Law LAB: Labor
• Art. 6: Payment of Wages

Text

§ 196. Powers of commissioner. 1. In addition to the powers of the\ncommissioner specified in other sections of this chapter, the\ncommissioner shall have the following duties, powers and authority:\n a. He or she shall investigate and attempt to adjust equitably\ncontroversies between employers and employees relating to this article,\nor article five, seven, nineteen or nineteen-A of this chapter.\n b. He or she may take assignments of claims for wages under this\nchapter from employees or third parties in trust for such employees or\nfor the benefit of various funds for such employees. All such\nassignments shall run to the commissioner and his or her successor in\noffice. The commissioner may sue employers on wage claims thus assigned,\nwith the benefits and subject to the provisions of existing law applying\nto actions by employees for collection of wages. He or she may join in a\nsingle action any number of wage claims against the same employer.\n c. He or she may institute proceedings on account of any criminal\nviolation of any provision of this article, or article five, seven,\nnineteen or nineteen-A of this chapter.\n d. If it shall appear to him or her that any employer has been\nconvicted of a violation of any provision of this article or article\nnineteen or nineteen-A of this chapter or that any order to comply\nissued against an employer under this chapter remains unsatisfied for a\nperiod of ten days after the time to appeal therefrom has expired, and\nthat no appeal therefrom is then pending, the commissioner may require\nsuch employer to deposit with him or her a bond in such sum as he or she\nmay deem sufficient and adequate in the circumstances, together with two\nor more sureties or a duly authorized surety company, to be approved by\nthe commissioner. The bond shall be payable to the commissioner and\nshall be conditioned that the employer will, for a definite future\nperiod, not exceeding two years, pay his or her employees in accordance\nwith the provisions of this article or article nineteen or nineteen-A of\nthis chapter, and shall be further conditioned upon the payment by the\nemployer of any amounts due pursuant to an order to comply or judgment\nagainst such employer pursuant to the provisions of this article or\narticle nineteen or nineteen-A of this chapter.\n If within ten days after demand for such bond, which demand may be\nmade by certified or registered mail, such employer shall fail to\ndeposit the same, the commissioner may bring an action in the name and\non behalf of the people of the state of New York against such employer\nin the supreme court to compel such employer to furnish such a bond or\nto cease doing business until he or she has done so. The employer shall\nhave the burden of proving that either such a bond is unnecessary or\nthat the amount demanded is excessive. If the court finds that there is\njust cause for requiring the bond and that same is reasonably necessary\nor proper to secure prompt payment of the wages of the employees of such\nemployer and his or her compliance with the provisions of this article\nor article nineteen or nineteen-A of this chapter, the court may enjoin\nsuch employer and such other person or persons as may have been or may\nbe concerned with or in any way participating in the failure to pay the\nwages resulting in the conviction or order to comply as aforesaid, from\ndoing business until the requirement is met and make other and further\norders appropriate to compel compliance with the requirement.\n If any order to comply issued against an employer under this article\nor article nineteen or nineteen-A of this chapter remains unsatisfied\nfor a period of ten days after the time to appeal therefrom has expired,\nand that no appeal therefrom is then pending, the commissioner may\nrequire the employer to provide an accounting of assets of the employer,\nincluding but not limited to, a list of all bank accounts, accounts\nreceivable, personal property, real property, automobiles or other\nvehicles, and any other assets, in a form and manner as prescribed by\nthe commissioner. An employer shall provide such amended accountings of\nassets as the commissioner shall order. If within ten days after demand\nfor such an accounting of assets, which demand may be made by certified\nor registered mail, such employer shall fail to provide same, or if the\nemployer fails to provide an amended accounting as required under this\nsection, the commissioner may bring an action in the name and on behalf\nof the people of the state of New York against such employer in the\nsupreme court to compel such employer to furnish the accounting and pay\na civil penalty of no more than ten thousand dollars.\n e. He or she is hereby authorized and empowered to enter into\nreciprocal agreements with the labor department or corresponding agency\nof any other state or with the person, board, officer, or commission\nauthorized to act on behalf of such department or agency, for the\ncollection in such other states of claims and judgments for wages based\nupon claims assigned to the commissioner.\n The commissioner may, to the extent provided for by any reciprocal\nagreement entered into by law or with any agency of another state as\nherein provided, maintain actions in the courts of such other state for\nthe collection of claims and judgments for wages and may assign such\nclaims and judgments to the labor department or agency of such other\nstate for collection to the extent that such an assignment may be\npermitted or provided for by the law of such state or by reciprocal\nagreement.\n The commissioner may, upon the written consent of the labor department\nor other corresponding agency of any other state or of any person,\nboard, officer or commission of such state authorized to act on behalf\nof such labor department or corresponding agency, maintain actions in\nthe courts of this state upon assigned claims and judgments for wages\narising in such other state in the same manner and to the same extent\nthat such actions by the commissioner are authorized when arising in\nthis state. However, such actions may be maintained only in cases where\nsuch other state by law or reciprocal agreement extends a like comity to\ncases arising in this state.\n 2. Nothing in this section shall be construed as requiring the\ncommissioner in every instance to investigate and attempt to adjust\ncontroversies, or to take assignments of wage claims, or to institute\ncriminal prosecutions for any violation under this article or article\nfive, seven, nineteen or nineteen-A of this chapter, but he or she shall\nbe deemed vested with discretion in such matters.\n