§ 196-A — Complaints by employees to commissioner

§ 196-a. Complaints by employees to commissioner. (a) Any employee;\nperson or organization acting on the employee's behalf; or the\nrecognized and certified collective bargaining agent acting on the\nemployee's behalf, may file with the commissioner a complaint regarding\na violation of this article, article five, seven, nineteen, or\nnineteen-A of this chapter for an investigation of such complaint and\nstatement setting the appropriate remedy, if any. The commissioner shall\nkeep the names of employees that are the subject of an investigation\nconfidential until such time that disclosure is necessary for resolution\nof an investigation or a complaint. Failure of an employer to keep\nadequate records or provide statements of wages to employees as required\nunder this chapter, in addition to exposing such employer to penalties\nauthorized under subdivision one of section two hundred eighteen of this\nchapter, shall not operate as a bar to filing of a complaint by an\nemployee. In such a case the employer in violation shall bear the burden\nof proving that the complaining employee was paid wages, benefits and\nwage supplements.\n (b) Any employee, or the recognized and certified collective\nbargaining agent acting on the employee's behalf, contractor, or the\nrecognized and certified labor organization with which the contractor\nhas executed a collective bargaining agreement covering wages, benefits\nand supplements, may file with the commissioner a complaint regarding an\nalleged violation of this article or article nineteen of this chapter\noccasioned by another person, corporation, employer or entities in\nviolation of article thirty-five-E of the general business law for an\ninvestigation of such complaint and statement setting the appropriate\nremedy, if any.\n