§ 227 — Enforcement of the provisions of this article

§ 227. Enforcement of the provisions of this article. The procedure\nfor ascertaining and determining the hours of labor and the prevailing\nrate of wage shall be as prescribed by section two hundred and twenty of\nthis chapter, except that the "fiscal officer," referred to therein\nshall in every instance, for the purposes of this article be the state\nindustrial commissioner.\n Upon the entry of any order of the industrial commissioner affecting\neither such hours of labor or rate of wages, any party to the proceeding\naggrieved thereby may bring a proceeding for review pursuant to article\nseventy-eight of the civil practice law and rules within thirty days\nfrom the notice of the filing of such order in the office of the\nindustrial commissioner. If such order is not reviewed or is so reviewed\nand confirmed and the determination is in favor of the complainant and\ninvolves or relates to the rate of wages paid on such public work, the\ncomplainant or any other person affected may within three months after\nthe service of notice of the filing of such order, or the judgment if\nthe order is reviewed, institute an action against the person or\ncorporation found violating this article for the recovery of the\ndifference between the sum actually paid and the amount which should\nhave been paid as determined by such order for the period following the\ndate of the filing with the industrial commissioner of the complaint or\nof the report of investigation made by the industrial commissioner on\nhis own initiative.\n When an order of the industrial commissioner has been made, any person\nor corporation that wilfully refuses thereafter to pay the prevailing\nrate of wages determined by said order or wilfully employs on such\npublic work, laborers, workmen or mechanics more than the hours per day\ndetermined by such order until such order has been changed by the\nindustrial commissioner or by the court after adjudication upon the\nmerits, shall be guilty of a misdemeanor and upon conviction shall be\npunished, for a first offense by a fine of five hundred dollars or by\nimprisonment for not more than thirty days, or by both such fine and\nimprisonment; for a second offense by a fine of one thousand dollars or\nby imprisonment for not more than ninety days or by both such fine and\nimprisonment, and after conviction of a second offense no such person or\ncorporation shall be entitled to receive any sum of money nor shall any\nofficer, agent or employee of the state or of a municipal corporation or\nof a board or commission appointed pursuant to law pay the same or\nauthorize its payment from the funds under his charge or control to any\nsuch person or corporation or to any other person or corporation for or\non account of work done upon any such contract.\n