Section 227. Enforcement of the provisions of this article


Latest version.
  • The procedure
      for ascertaining and determining the hours of labor and  the  prevailing
      rate of wage shall be as prescribed by section two hundred and twenty of
      this  chapter,  except  that  the  "fiscal officer," referred to therein
      shall in every instance, for the purposes of this article be  the  state
      industrial commissioner.
        Upon  the  entry of any order of the industrial commissioner affecting
      either such hours of labor or rate of wages, any party to the proceeding
      aggrieved thereby may bring a proceeding for review pursuant to  article
      seventy-eight  of  the  civil  practice law and rules within thirty days
      from the notice of the filing  of  such  order  in  the  office  of  the
      industrial commissioner. If such order is not reviewed or is so reviewed
      and  confirmed  and the determination is in favor of the complainant and
      involves or relates to the rate of wages paid on such public  work,  the
      complainant  or  any other person affected may within three months after
      the service of notice of the filing of such order, or  the  judgment  if
      the  order  is  reviewed,  institute  an  action  against  the person or
      corporation found  violating  this  article  for  the  recovery  of  the
      difference  between  the  sum  actually paid and the amount which should
      have been paid as determined by such order for the period following  the
      date  of the filing with the industrial commissioner of the complaint or
      of the report of investigation made by the  industrial  commissioner  on
      his own initiative.
        When an order of the industrial commissioner has been made, any person
      or  corporation  that  wilfully refuses thereafter to pay the prevailing
      rate of wages determined by said  order  or  wilfully  employs  on  such
      public  work, laborers, workmen or mechanics more than the hours per day
      determined by such order until  such  order  has  been  changed  by  the
      industrial  commissioner  or  by  the  court after adjudication upon the
      merits, shall be guilty of a misdemeanor and upon  conviction  shall  be
      punished,  for  a  first offense by a fine of five hundred dollars or by
      imprisonment for not more than thirty days, or by  both  such  fine  and
      imprisonment;  for a second offense by a fine of one thousand dollars or
      by imprisonment for not more than ninety days or by both such  fine  and
      imprisonment, and after conviction of a second offense no such person or
      corporation  shall be entitled to receive any sum of money nor shall any
      officer, agent or employee of the state or of a municipal corporation or
      of a board or commission appointed pursuant  to  law  pay  the  same  or
      authorize  its payment from the funds under his charge or control to any
      such person or corporation or to any other person or corporation for  or
      on account of work done upon any such contract.