Section 1912. Actions in which no fees to be charged; employees; state or city actions

(a) Employee's action. When the action is  brought  by  an
  employee  against  an  employer for services performed by such employee,
  the clerk shall not demand or  receive  any  fees  whatsoever  from  the
  plaintiff  or  his attorney, if the plaintiff shall present proof by his
  own affidavit that his demand does  not  exceed  three  hundred  dollars
  exclusive of interest and costs; that he is a resident of or an employee
  in  the  city  of  New York; that he has a good and meritorious cause of
  action against the defendant and the nature thereof;  and  that  he  has
  made  either  a  written  or a personal demand upon the defendant or his
  agent for payment thereof and payment was refused; provided that if  the
  plaintiff  shall  demand  a  trial by jury, he must pay to the clerk the
  fees therefor.
    (b) State or city actions. In an action brought in  the  name  of  the
  people  of the state of New York by the attorney-general, or in the name
  of the city of New York or of any department, board or officer  thereof,
  by the corporation counsel or any municipal department, board or officer
  of the city of New York, for the recovery of a penalty, no fees shall be
  required  to be paid by the plaintiff to the clerk and no costs shall be
  taxed against  the  plaintiff;  but  in  case  such  plaintiff  recovers
  judgment, the costs and taxable disbursements shall be included therein,
  and if collected shall be accounted for.