Section 196-A. Complaints by employees to commissioner

(a) Any employee, or
  the  recognized  and certified collective bargaining agent acting on the
  employee's behalf, may file with the commissioner a complaint  regarding
  a  violation of this article, article nineteen, or article nineteen-A of
  this chapter for  an  investigation  of  such  complaint  and  statement
  setting  the  appropriate remedy, if any. Failure of an employer to keep
  adequate records, in addition to exposing  such  employer  to  penalties
  authorized under subdivision one of section two hundred eighteen of this
  chapter,  shall  not  operate  as  a  bar to filing of a complaint by an
  employee. In such a case the employer in violation shall bear the burden
  of proving that the complaining employee was paid  wages,  benefits  and
  wage supplements.
    (b)   Any   employee,  or  the  recognized  and  certified  collective
  bargaining agent acting on the employee's  behalf,  contractor,  or  the
  recognized  and  certified  labor organization with which the contractor
  has executed a collective bargaining agreement covering wages,  benefits
  and supplements, may file with the commissioner a complaint regarding an
  alleged  violation  of  this article or article nineteen of this chapter
  occasioned by another  person,  corporation,  employer  or  entities  in
  violation  of  article  thirty-five-E of the general business law for an
  investigation of such complaint and statement  setting  the  appropriate
  remedy, if any.