Section 219. Violations of certain wage payment provisions; interest, filing of order as judgment  


Latest version.
  • 1.  If  the  commissioner determines that an
      employer has failed to pay wages, benefits or wage supplements  required
      pursuant  to  article  six (payment of wages), article nineteen (minimum
      wage act) or article nineteen-a of this chapter, or a rule or regulation
      promulgated thereunder, the commissioner shall issue to the employer  an
      order  directing compliance therewith, which shall describe particularly
      the nature of the alleged violation. Such order shall direct payment  of
      wages  or supplements found to be due, including interest at the rate of
      interest then in effect as prescribed by  the  superintendent  of  banks
      pursuant  to  section  fourteen-a  of the banking law per annum from the
      date of the underpayment to the date of the payment.
        2. An order issued under subdivision one  of  this  section  shall  be
      final  and not subject to review by any court or agency unless review is
      had pursuant to section one hundred one of this chapter.
        3. Provided that no proceeding for administrative or  judicial  review
      as  provided  in  this  chapter  shall  then be pending and the time for
      initiation of such proceeding shall have expired, the  commissioner  may
      file  with  the county clerk of the county where the employer resides or
      has a place of business the order of the commissioner or the decision of
      the industrial board of appeals containing the amount found to  be  due.
      The  filing  of  such  order  or  decision shall have the full force and
      effect of a judgment duly docketed in the  office  of  such  clerk.  The
      order or decision may be enforced by and in the name of the commissioner
      in  the  same  manner,  and  with like effect, as that prescribed by the
      civil practice law and rules for the enforcement of a money judgment.