§ 141-A — Civil enforcement

§ 141-a. Civil enforcement. 1. To investigate violations of sections\nfifty-two, one hundred thirty-one and two hundred thirteen of this\nchapter, the chair or his or her designees shall have the power to:\n (a) Enter and inspect any place of business at any reasonable time for\nthe purpose of investigating employer compliance.\n (b) Examine and copy business records.\n (c) Administer oaths and affirmations.\n (d) Issue and serve subpoenas for attendance of witnesses or\nproduction of business records, books, papers, correspondence,\nmemoranda, and other records. Such subpoenas may be served without the\nstate on any defendant over whom a New York court would have personal\njurisdiction under the civil practice law and rules as to the subject\nmatter under investigation, provided the information or testimony sought\nbears a reasonable relationship to the subject matter under\ninvestigation.\n 2. The chair shall specify by rule the business records that employers\nmust maintain and produce to comply with this section.\n 3. If a person has refused to obey a subpoena, the chair may commence\nan action in supreme court of any county where venue is proper for an\norder requiring compliance with the subpoena. Costs, including\nreasonable attorney's fees, incurred by the chair to obtain and enforce\nan order granting, in whole or in part, a petition to enforce a subpoena\nshall be taxed against the subpoenaed party.\n 4. (a) Whenever the chair determines that an employer who is required\nto secure compensation in accordance with this chapter has failed to\nsecure such compensation, or where an employer has failed to pay\npenalties assessed against it pursuant to this chapter, or failed to pay\na judgment under section twenty-six of this chapter within ninety days\nafter notice to the employer and has not moved to modify or vacate such\njudgment, such failure shall be deemed an immediate serious danger to\npublic health, safety, or welfare sufficient to justify service by the\nchair of a stop-work order on the employer, requiring the cessation of\nall business operations effective immediately, except where the\nemployer's failure concerns only domestic or child care workers in his\nor her own household. The chair may issue such order, which shall take\neffect as to a particular employer worksite when served at that\nworksite, or as to all employer worksites in the state for which the\nemployer is not in compliance when served on the employer. A stop-work\norder may be served with regard to an employer's worksite by posting a\ncopy of the stop-work order in a conspicuous location at the worksite.\nThe order shall remain in effect until the chair directs that the\nstop-work order be removed, upon a determination that the employer has\ncome into compliance with the coverage requirements of this chapter and\nhas paid any penalty assessed under this chapter. If the employer shall\nwithin thirty days after notice of the stop-work order make an\napplication in affidavit form for a redetermination review of such order\nthe chair shall make a decision in writing on the issues raised in such\napplication. The chair may direct a conditional release from a stop-work\norder upon a finding that the employer has complied with coverage\nrequirements of this chapter and has agreed to remit periodic payments\nof the penalty pursuant to a payment agreement schedule with the chair.\nIf an agreement or order of conditional release is issued, failure by\nthe employer to meet any term or condition of such payment agreement\nshall result in the immediate reinstatement of the stop-work order and\nthe entire unpaid balance of the penalty shall become immediately due.\nThe chair may require an employer who is found to have failed to comply\nwith the coverage requirements of this chapter to file with the board,\nas a condition of release from a stop-work order, periodic reports for a\nprobationary period that shall not exceed two years, and that\ndemonstrate the employer's continued compliance with this chapter. The\nboard shall by rule specify the reports required and the time for filing\nunder this subdivision.\n (b) A stop-work order issued against an employer under this section\nshall be in effect against any non-compliant substantially-owned\naffiliated entity.\n 5. The chair may file a complaint in the supreme court of any county\nwhere venue is proper: (a) to enjoin any employer from violating a\nstop-work order; or (b) to enjoin any other practice prohibited by\nsection fifty-two or one hundred thirty-one of this chapter. In any\naction brought by the chair pursuant to this section in which it\nprevails, the court may award costs, including the reasonable costs of\ninvestigation and reasonable attorneys' fees.\n 6. Any judgment obtained by the chair and any penalty due under this\nsection shall, until collected, constitute a lien upon the entire\ninterest of the employer, legal or equitable, in any property, real or\npersonal, tangible or intangible; however, such lien is subordinate to\nclaims for unpaid wages and any prior recorded liens, and a lien created\nby this section is not valid against any person who, subsequent to such\nlien and in good faith and for value, purchases real or personal\nproperty from such employer or becomes the mortgagee on real or personal\nproperty of such employer, or against a subsequent attaching creditor,\nunless, with respect to real estate of the employer, a notice of the\nlien is recorded in the public records of the county where the real\nestate is located, and with respect to personal property of the\nemployer, the notice is recorded with the secretary of state.\n 7. In any court proceedings under this section, the chair shall be\nrepresented by the attorney general.\n