Section 141-A. Civil enforcement  


Latest version.
  • 1. To investigate violations of sections
      fifty-two and one hundred thirty-one of this chapter, the chair  or  his
      or her designees shall have the power to:
        (a) Enter and inspect any place of business at any reasonable time for
      the purpose of investigating employer compliance.
        (b) Examine and copy business records.
        (c) Administer oaths and affirmations.
        (d)   Issue  and  serve  subpoenas  for  attendance  of  witnesses  or
      production  of  business   records,   books,   papers,   correspondence,
      memoranda,  and  other records. Such subpoenas may be served without the
      state on any defendant over whom a New York court  would  have  personal
      jurisdiction  under  the  civil practice law and rules as to the subject
      matter under investigation, provided the information or testimony sought
      bears  a  reasonable  relationship   to   the   subject   matter   under
      investigation.
        2. The chair shall specify by rule the business records that employers
      must maintain and produce to comply with this section.
        3.  If a person has refused to obey a subpoena, the chair may commence
      an action in supreme court of any county where venue is  proper  for  an
      order   requiring   compliance   with  the  subpoena.  Costs,  including
      reasonable attorney's fees, incurred by the chair to obtain and  enforce
      an order granting, in whole or in part, a petition to enforce a subpoena
      shall be taxed against the subpoenaed party.
        4.  (a) Whenever the chair determines that an employer who is required
      to secure compensation in accordance with this  chapter  has  failed  to
      secure  such  compensation,  or  where  an  employer  has  failed to pay
      penalties assessed against it pursuant to  this  chapter,  such  failure
      shall be deemed an immediate serious danger to public health, safety, or
      welfare  sufficient to justify service by the chair of a stop-work order
      on the employer, requiring the  cessation  of  all  business  operations
      effective immediately, except where the employer's failure concerns only
      domestic  or  child  care workers in his or her own household. The chair
      may issue such order,  which  shall  take  effect  as  to  a  particular
      employer  worksite  when  served at that worksite, or as to all employer
      worksites in the state for which the employer is not in compliance  when
      served  on  the employer. A stop-work order may be served with regard to
      an employer's worksite by posting a copy of the  stop-work  order  in  a
      conspicuous  location  at the worksite. The order shall remain in effect
      until the chair directs that the stop-work  order  be  removed,  upon  a
      determination  that  the  employer  has  come  into  compliance with the
      coverage requirements of this chapter and has paid any penalty  assessed
      under  this  chapter.  If  the  employer  shall within thirty days after
      notice of the stop-work order make an application in affidavit form  for
      a  redetermination  review of such order the chair shall make a decision
      in writing on the issues raised  in  such  application.  The  chair  may
      direct  a conditional release from a stop-work order upon a finding that
      the employer has complied with coverage requirements of this chapter and
      has agreed to remit periodic payments  of  the  penalty  pursuant  to  a
      payment  agreement  schedule with the chair. If an agreement or order of
      conditional release is issued, failure by the employer to meet any  term
      or  condition  of  such  payment agreement shall result in the immediate
      reinstatement of the stop-work order and the entire  unpaid  balance  of
      the  penalty  shall  become  immediately  due.  The chair may require an
      employer who is found  to  have  failed  to  comply  with  the  coverage
      requirements  of  this chapter to file with the board, as a condition of
      release from a stop-work order,  periodic  reports  for  a  probationary
      period  that  shall  not  exceed  two  years,  and  that demonstrate the
      employer's continued compliance with this chapter. The  board  shall  by
    
      rule  specify  the  reports  required and the time for filing under this
      subdivision.
        (b)  A  stop-work  order issued against an employer under this section
      shall  be  in  effect  against  any  non-compliant   substantially-owned
      affiliated entity.
        5.  The  chair may file a complaint in the supreme court of any county
      where venue is proper: (a) to  enjoin  any  employer  from  violating  a
      stop-work  order;  or  (b)  to  enjoin  any other practice prohibited by
      section fifty-two or one hundred thirty-one  of  this  chapter.  In  any
      action  brought  by  the  chair  pursuant  to  this  section in which it
      prevails, the court may award costs, including the reasonable  costs  of
      investigation and reasonable attorneys' fees.
        6.  Any  judgment obtained by the chair and any penalty due under this
      section shall, until  collected,  constitute  a  lien  upon  the  entire
      interest  of  the employer, legal or equitable, in any property, real or
      personal, tangible or intangible; however, such lien is  subordinate  to
      claims for unpaid wages and any prior recorded liens, and a lien created
      by  this section is not valid against any person who, subsequent to such
      lien and in good  faith  and  for  value,  purchases  real  or  personal
      property from such employer or becomes the mortgagee on real or personal
      property  of  such employer, or against a subsequent attaching creditor,
      unless, with respect to real estate of the employer,  a  notice  of  the
      lien  is  recorded  in  the  public records of the county where the real
      estate is  located,  and  with  respect  to  personal  property  of  the
      employer, the notice is recorded with the secretary of state.
        7.  In  any  court  proceedings under this section, the chair shall be
      represented by the attorney general.