Section 198. Costs, remedies

1. In any action instituted upon a wage claim
  by an employee or the commissioner in which the employee  prevails,  the
  court  may  allow  such  employee  in  addition  to  ordinary  costs,  a
  reasonable sum, not exceeding fifty dollars for expenses  which  may  be
  taxed  as  costs.  No assignee of a wage claim, except the commissioner,
  shall be benefited by this provision.
    * 1-a. In any action instituted upon a wage claim by  an  employee  or
  the  commissioner  in which the employee prevails, the court shall allow
  such employee reasonable attorney's fees and, upon a  finding  that  the
  employer's failure to pay the wage required by this article was willful,
  an  additional amount as liquidated damages equal to twenty-five percent
  of the total amount of the wages found to be due.
    * NB Effective until November 24, 2009
    * 1-a. On behalf of any employee paid less than the wage to  which  he
  or   she   is  entitled  under  the  provisions  of  this  article,  the
  commissioner  may  bring   any   legal   action   necessary,   including
  administrative  action,  to collect such claim and as part of such legal
  action, in addition  to  any  other  remedies  and  penalties  otherwise
  available  under  this  article, the commissioner may assess against the
  employer an additional amount as liquidated damages equal to twenty-five
  percent of the total amount  of  wages  found  to  be  due,  unless  the
  employer  proves  a good faith basis for believing that its underpayment
  of wages was in compliance with the law.   In any action  instituted  in
  the courts upon a wage claim by an employee or the commissioner in which
  the  employee  prevails,  the court shall allow such employee reasonable
  attorney's fees and, unless the employer proves a good  faith  basis  to
  believe  that  its underpayment of wages was in compliance with the law,
  an additional amount as liquidated damages equal to twenty-five  percent
  of the total amount of the wages found to be due.
    * NB Effective November 24, 2009
    2.   The   remedies   provided   by   this  article  may  be  enforced
  simultaneously or consecutively so far as  not  inconsistent  with  each
  other.
    3.  Notwithstanding  any  other provision of law, an action to recover
  upon a liability imposed by this article must be  commenced  within  six
  years.    All  employees  shall  have  the  right to recover full wages,
  benefits and wage supplements accrued during the six years  previous  to
  the  commencing of such action, whether such action is instituted by the
  employee or by the commissioner.