Section 198-C. Benefits or wage supplements

1. In addition to any other
  penalty or punishment otherwise prescribed by law, any employer  who  is
  party  to an agreement to pay or provide benefits or wage supplements to
  employees or to a third party or fund for the benefit of  employees  and
  who fails, neglects or refuses to pay the amount or amounts necessary to
  provide  such  benefits  or  furnish such supplements within thirty days
  after such payments are required to  be  made,  shall  be  guilty  of  a
  misdemeanor,  and  upon  conviction  shall  be  punished  as provided in
  section one hundred ninety-eight-a of this article. Where such  employer
  is  a  corporation,  the  president,  secretary,  treasurer  or officers
  exercising  corresponding  functions  shall  each   be   guilty   of   a
  misdemeanor.
    2.  As  used  in this section, the term "benefits or wage supplements"
  includes, but is not limited to,  reimbursement  for  expenses;  health,
  welfare  and  retirement  benefits;  and vacation, separation or holiday
  pay.
    3. This section  shall  not  apply  to  any  person  in  a  bona  fide
  executive,  administrative,  or professional capacity whose earnings are
  in excess of nine hundred dollars a week.