STATE OF NEW YORK ________________________________________________________________________ 4645 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. B. MILLER, BARCLAY, BLANKENBUSH, CROUCH, FINCH, GOODELL, HAWLEY, LALOR, PALMESANO -- read once and referred to the Committee on Labor AN ACT amend the labor law, in relation to the payment of wages; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 16 of section 2 of the labor law, as added by 2 chapter 481 of the laws of 2010, is REPEALED. 3 § 2. Subdivisions 1, 3 and 4 of section 195 of the labor law, as 4 amended by chapter 564 of the laws of 2010 and paragraph (a) of subdivi- 5 sion 1 as amended by chapter 537 of the laws of 2014, are amended to 6 read as follows: 7 1. [~~(a) provide~~] notify his or her employees, in writing [~~in English~~ 8 ~~and in the language identified by each employee as the primary language~~ 9 ~~of such employee~~], at the time of hiring, [~~a notice containing the~~ 10 ~~following information:~~] of the rate [~~or rates~~] of pay and [~~basis there-~~ 11 ~~of, whether paid by the hour, shift, day, week, salary, piece, commis-~~ 12 ~~sion, or other; allowances, if any, claimed as part of the minimum wage,~~ 13 ~~including tip, meal, or lodging allowances;~~] of the regular pay day 14 designated by the employer in accordance with section one hundred nine- 15 ty-one of this article[~~; the name of the employer; any "doing business~~ 16 ~~as" names used by the employer; the physical address of the employer's~~ 17 ~~main office or principal place of business, and a mailing address if~~ 18 ~~different; the telephone number of the employer; plus such other infor-~~ 19 ~~mation as the commissioner deems material and necessary. Each time the~~ 20 ~~employer provides such notice to an employee, the employer shall~~], and 21 obtain [~~from the employee~~] a [~~signed and dated~~] written acknowledge- 22 ment[~~, in English and in the primary language of the employee,~~] from 23 each employee of receipt of this notice[~~, which the employer shall~~ 24 ~~preserve and maintain for six years~~]. Such acknowledgement shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06569-01-9

A. 4645 2 1 [~~include an affirmation by the employee that the employee accurately~~ 2 ~~identified his or her primary language to the employer, and that the~~ 3 ~~notice provided by the employer to such employee pursuant to this subdi-~~ 4 ~~vision was in the language so identified or otherwise complied with~~ 5 ~~paragraph (c) of this subdivision, and shall~~] conform to any [~~addi-~~ 6 ~~tional~~] requirements established by the commissioner with regard to 7 content and form. For all employees who are [~~not exempt from~~] eligible 8 for overtime compensation as established in the commissioner's minimum 9 wage orders or otherwise provided by [~~New York state~~] law or regulation, 10 the notice must state the regular hourly rate and overtime rate of pay; 11 [~~(b) The commissioner shall prepare templates that comply with the~~ 12 ~~requirements of paragraph (a) of this subdivision. Each such template~~ 13 ~~shall be dual-language, including English and one additional language.~~ 14 ~~The commissioner shall determine, in his or her discretion, which~~ 15 ~~languages to provide in addition to English, based on the size of the~~ 16 ~~New York state population that speaks each language and any other factor~~ 17 ~~that the commissioner shall deem relevant. All such templates shall be~~ 18 ~~made available to employers in such manner as determined by the commis-~~ 19 ~~sioner;~~ 20 ~~(c) When an employee identifies as his or her primary language a~~ 21 ~~language for which a template is not available from the commissioner,~~ 22 ~~the employer shall comply with this subdivision by providing that~~ 23 ~~employee an English-language notice or acknowledgment;~~ 24 ~~(d) An employer shall not be penalized for errors or omissions in the~~ 25 ~~non-English portions of any notice provided by the commissioner;~~ 26 ~~(e) The commissioner shall have discretion to waive or alter require-~~ 27 ~~ments of paragraph (a) of this subdivision for temporary help firms as~~ 28 ~~defined in section nine hundred sixteen of this chapter.~~] 29 3. furnish each employee with a statement with every payment of wages, 30 listing [~~the following: the dates of work covered by that payment of~~ 31 ~~wages; name of employee; name of employer; address and phone number of~~ 32 ~~employer; rate or rates of pay and basis thereof, whether paid by the~~ 33 ~~hour, shift, day, week, salary, piece, commission, or other;~~] gross 34 wages[;], deductions[~~; allowances, if any, claimed as part of the mini-~~ 35 ~~mum wage;~~] and net wages[~~. For all employees who are not exempt from~~ 36 ~~overtime compensation as established in the commissioner's minimum wage~~ 37 ~~orders or otherwise provided by New York state law or regulation, the~~ 38 ~~statement shall include the regular hourly rate or rates of pay; the~~ 39 ~~overtime rate or rates of pay; the number of regular hours worked, and~~ 40 ~~the number of overtime hours worked. For all employees paid a piece~~ 41 ~~rate, the statement shall include the applicable piece rate or rates of~~ 42 ~~pay and number of pieces completed at each piece rate. Upon~~], and upon 43 the request of an employee[~~, an employer shall~~] furnish an explanation 44 [~~in writing~~] of how such wages were computed; 45 4. establish, maintain and preserve for not less than [~~six~~] three 46 years [~~contemporaneous, true, and accurate~~] payroll records showing [~~for~~ 47 ~~each week worked~~] the hours worked[~~; the rate or rates of pay and basis~~ 48 ~~thereof, whether paid by the hour, shift, day, week, salary, piece,~~ 49 ~~commission, or other;~~], gross wages[;], deductions[~~; allowances, if any,~~ 50 ~~claimed as part of the minimum wage;~~] and net wages for each employee[. 51 ~~For all employees who are not exempt from overtime compensation as~~ 52 ~~established in the commissioner's minimum wage orders or otherwise~~ 53 ~~provided by New York state law or regulation, the payroll records shall~~ 54 ~~include the regular hourly rate or rates of pay, the overtime rate or~~ 55 ~~rates of pay, the number of regular hours worked, and the number of~~ 56 ~~overtime hours worked. For all employees paid a piece rate, the payroll~~

A. 4645 3 1 ~~records shall include the applicable piece rate or rates of pay and~~ 2 ~~number of pieces completed at each piece rate~~]; 3 § 3. Section 196 of the labor law, as amended by chapter 564 of the 4 laws of 2010, is amended to read as follows: 5 § 196. Powers of commissioner. 1. In addition to the powers of the 6 commissioner specified in other sections of this chapter, the commis- 7 sioner shall have the following duties, powers and authority: 8 a. He or she shall investigate and attempt to adjust equitably contro- 9 versies between employers and employees relating to [~~this article, or~~ 10 ~~article five, seven, nineteen or nineteen-A of~~] this [~~chapter~~] article. 11 b. He or she may take assignments of claims for wages [~~under~~] as 12 defined in this [~~chapter~~] article from employees or third parties in 13 trust for such employees or for the benefit of various funds for such 14 employees. All such assignments shall run to the commissioner and his or 15 her successor in office. The commissioner may sue employers on wage 16 claims thus assigned, with the benefits and subject to the provisions of 17 existing law applying to actions by employees for collection of wages. 18 He or she may join in a single action any number of wage claims against 19 the same employer. 20 c. He or she may institute proceedings on account of any criminal 21 violation of any provision of [~~this article, or article five, seven,~~ 22 ~~nineteen or nineteen-A of~~] this [~~chapter~~] article. 23 d. If it shall appear to him or her that any employer has been 24 convicted of a violation of any provision of this article [~~or article~~ 25 ~~nineteen or nineteen-A of this chapter~~] or that any [~~order to comply~~ 26 ~~issued~~] judgment against an employer [~~under this chapter~~] for non-pay- 27 ment of wages remains unsatisfied for a period of ten days after the 28 time to appeal therefrom has expired, and that no appeal therefrom is 29 then pending, the commissioner may require such employer to deposit with 30 him or her a bond in such sum as he or she may deem sufficient and 31 adequate in the circumstances, together with two or more sureties or a 32 duly authorized surety company, to be approved by the commissioner. The 33 bond shall be payable to the commissioner and shall be conditioned that 34 the employer will, for a definite future period, not exceeding two 35 years, pay his or her employees in accordance with the provisions of 36 this article [~~or article nineteen or nineteen-A of this chapter~~], and 37 shall be further conditioned upon the payment by the employer of any 38 [~~amounts due pursuant to an order to comply or~~] judgment which may be 39 recovered against such employer pursuant to the provisions of this arti- 40 cle [~~or article nineteen or nineteen-A of this chapter~~]. 41 If within ten days after demand for such bond, which demand may be 42 made by certified or registered mail, such employer shall fail to depos- 43 it the same, the commissioner may bring an action in the name and on 44 behalf of the people of the state of New York against such employer in 45 the supreme court to compel such employer to furnish such a bond or to 46 cease doing business until he or she has done so. The employer shall 47 have the burden of proving that either such a bond is unnecessary or 48 that the amount demanded is excessive. If the court finds that there is 49 just cause for requiring the bond and that same is reasonably necessary 50 or proper to secure prompt payment of the wages of the employees of such 51 employer and his or her compliance with the provisions of this article 52 [~~or article nineteen or nineteen-A of this chapter~~], the court may 53 enjoin such employer and such other person or persons as may have been 54 or may be concerned with or in any way participating in the failure to 55 pay the wages resulting in the conviction or [~~order to comply~~] in the 56 judgment as aforesaid, from doing business until the requirement is met

A. 4645 4 1 and make other and further orders appropriate to compel compliance with 2 the requirement. 3 [~~If any order to comply issued against an employer under this article~~ 4 ~~or article nineteen or nineteen-A of this chapter remains unsatisfied~~ 5 ~~for a period of ten days after the time to appeal therefrom has expired,~~ 6 ~~and that no appeal therefrom is then pending, the commissioner may~~ 7 ~~require the employer to provide an accounting of assets of the employer,~~ 8 ~~including but not limited to, a list of all bank accounts, accounts~~ 9 ~~receivable, personal property, real property, automobiles or other vehi-~~ 10 ~~cles, and any other assets, in a form and manner as prescribed by the~~ 11 ~~commissioner. An employer shall provide such amended accountings of~~ 12 ~~assets as the commissioner shall order. If within ten days after demand~~ 13 ~~for such an accounting of assets, which demand may be made by certified~~ 14 ~~or registered mail, such employer shall fail to provide same, or if the~~ 15 ~~employer fails to provide an amended accounting as required under this~~ 16 ~~section, the commissioner may bring an action in the name and on behalf~~ 17 ~~of the people of the state of New York against such employer in the~~ 18 ~~supreme court to compel such employer to furnish the accounting and pay~~ 19 ~~a civil penalty of no more than ten thousand dollars.~~] 20 e. He or she is hereby authorized and empowered to enter into recipro- 21 cal agreements with the labor department or corresponding agency of any 22 other state or with the person, board, officer, or commission authorized 23 to act on behalf of such department or agency, for the collection in 24 such other states of claims and judgments for wages based upon claims 25 assigned to the commissioner. 26 The commissioner may, to the extent provided for by any reciprocal 27 agreement entered into by law or with any agency of another state as 28 herein provided, maintain actions in the courts of such other state for 29 the collection of claims and judgments for wages and may assign such 30 claims and judgments to the labor department or agency of such other 31 state for collection to the extent that such an assignment may be 32 permitted or provided for by the law of such state or by reciprocal 33 agreement. 34 The commissioner may, upon the written consent of the labor department 35 or other corresponding agency of any other state or of any person, 36 board, officer or commission of such state authorized to act on behalf 37 of such labor department or corresponding agency, maintain actions in 38 the courts of this state upon assigned claims and judgments for wages 39 arising in such other state in the same manner and to the same extent 40 that such actions by the commissioner are authorized when arising in 41 this state. However, such actions may be maintained only in cases where 42 such other state by law or reciprocal agreement extends a like comity to 43 cases arising in this state. 44 2. Nothing in this section shall be construed as requiring the commis- 45 sioner in every instance to investigate and attempt to adjust controver- 46 sies, or to take assignments of wage claims, or to institute criminal 47 prosecutions for any violation under this article [~~or article five,~~ 48 ~~seven, nineteen or nineteen-A of this chapter~~], but he or she shall be 49 deemed vested with discretion in such matters. 50 § 4. Paragraph (a) of section 196-a of the labor law, as amended by 51 chapter 564 of the laws of 2010, is amended to read as follows: 52 (a) Any employee[~~; person or organization acting on the employee's~~ 53 ~~behalf;~~], or the recognized and certified collective bargaining agent 54 acting on the employee's behalf, may file with the commissioner a 55 complaint regarding a violation of this article, article [~~five, seven,~~] 56 nineteen, or article nineteen-A of this chapter for an investigation of

A. 4645 5 1 such complaint and statement setting the appropriate remedy, if any. 2 [~~The commissioner shall keep the names of employees that are the subject~~ 3 ~~of an investigation confidential until such time that disclosure is~~ 4 ~~necessary for resolution of an investigation or a complaint.~~] Failure of 5 an employer to keep adequate records or provide statements of wages to 6 employees as required under this chapter, in addition to exposing such 7 employer to penalties authorized under subdivision one of section two 8 hundred eighteen of this chapter, shall not operate as a bar to filing 9 of a complaint by an employee. In such a case the employer in violation 10 shall bear the burden of proving that the complaining employee was paid 11 wages, benefits and wage supplements. 12 § 5. Section 197 of the labor law, as amended by chapter 564 of the 13 laws of 2010, is amended to read as follows: 14 § 197. Civil penalty. Any employer who fails to pay the wages of his 15 employees or shall differentiate in rate of pay because of sex, as 16 provided in this article, shall forfeit to the people of the state the 17 sum of five hundred dollars for each such failure, to be recovered by 18 the commissioner in [~~any legal action necessary, including administra-~~ 19 ~~tive action or~~] a civil action. 20 § 6. Section 198 of the labor law, as amended by chapter 564 of the 21 laws of 2010, subdivision 1-a as amended by chapter 362 of the laws of 22 2015, subdivisions 1-b and 1-d as amended by chapter 537 of the laws of 23 2014 and subdivision 3 as amended by chapter 2 of the laws of 2015, is 24 amended to read as follows: 25 § 198. Costs, remedies. 1. In any action instituted upon a wage claim 26 by an employee or the commissioner in which the employee prevails, the 27 court may allow such employee in addition to ordinary costs, a reason- 28 able sum, not exceeding fifty dollars for expenses which may be taxed as 29 costs. No assignee of a wage claim, except the commissioner, shall be 30 benefited by this provision. 31 1-a. On behalf of any employee paid less than the wage to which he or 32 she is entitled under the provisions of this article, the commissioner 33 may bring any legal action necessary, including administrative action, 34 to collect such claim and as part of such legal action, in addition to 35 any other remedies and penalties otherwise available under this article, 36 the commissioner [~~shall~~] may assess against the employer [~~the full~~ 37 ~~amount of any such underpayment, and~~] an additional amount as liquidated 38 damages equal to twenty-five percent of the total amount of wages found 39 to be due, unless the employer proves a good faith basis for believing 40 that its underpayment of wages was in compliance with the law. [~~Liqui-~~ 41 ~~dated damages shall be calculated by the commissioner as no more than~~ 42 ~~one hundred percent of the total amount of wages found to be due, except~~ 43 ~~such liquidated damages may be up to three hundred percent of the total~~ 44 ~~amount of the wages found to be due for a willful violation of section~~ 45 ~~one hundred ninety-four of this article.~~] In any action instituted in 46 the courts upon a wage claim by an employee or the commissioner in which 47 the employee prevails, the court shall allow such employee [~~to recover~~ 48 ~~the full amount of any underpayment, all~~] reasonable attorney's fees[, 49 ~~prejudgment interest as required under the civil practice law and~~ 50 ~~rules,~~] and, unless the employer proves a good faith basis to believe 51 that its underpayment of wages was in compliance with the law, an addi- 52 tional amount as liquidated damages equal to [~~one hundred~~] twenty-five 53 percent of the total amount of the wages found to be due[~~, except such~~ 54 ~~liquidated damages may be up to three hundred percent of the total~~ 55 ~~amount of the wages found to be due for a willful violation of section~~ 56 ~~one hundred ninety-four of this article~~].

A. 4645 6 1 [~~1-b. If any employee is not provided within ten business days of his~~ 2 ~~or her first day of employment a notice as required by subdivision one~~ 3 ~~of section one hundred ninety-five of this article, he or she may~~ 4 ~~recover in a civil action damages of fifty dollars for each work day~~ 5 ~~that the violations occurred or continue to occur, but not to exceed a~~ 6 ~~total of five thousand dollars, together with costs and reasonable~~ 7 ~~attorney's fees. The court may also award other relief, including~~ 8 ~~injunctive and declaratory relief, that the court in its discretion~~ 9 ~~deems necessary or appropriate.~~ 10 ~~On behalf of any employee not provided a notice as required by subdi-~~ 11 ~~vision one of section one hundred ninety-five of this article, the~~ 12 ~~commissioner may bring any legal action necessary, including administra-~~ 13 ~~tive action, to collect such claim, and as part of such legal action, in~~ 14 ~~addition to any other remedies and penalties otherwise available under~~ 15 ~~this article, the commissioner may assess against the employer damages~~ 16 ~~of fifty dollars for each work day that the violations occurred or~~ 17 ~~continue to occur, but not to exceed a total of five thousand dollars.~~ 18 ~~In any action or administrative proceeding to recover damages for~~ 19 ~~violation of paragraph (a) of subdivision one of section one hundred~~ 20 ~~ninety-five of this article, it shall be an affirmative defense that (i)~~ 21 ~~the employer made complete and timely payment of all wages due pursuant~~ 22 ~~to this article or article nineteen or article nineteen-A of this chap-~~ 23 ~~ter to the employee who was not provided notice as required by subdivi-~~ 24 ~~sion one of section one hundred ninety-five of this article or (ii) the~~ 25 ~~employer reasonably believed in good faith that it was not required to~~ 26 ~~provide the employee with notice pursuant to subdivision one of section~~ 27 ~~one hundred ninety-five of this article.~~ 28 ~~1-d. If any employee is not provided a statement or statements as~~ 29 ~~required by subdivision three of section one hundred ninety-five of this~~ 30 ~~article, he or she shall recover in a civil action damages of two~~ 31 ~~hundred fifty dollars for each work day that the violations occurred or~~ 32 ~~continue to occur, but not to exceed a total of five thousand dollars,~~ 33 ~~together with costs and reasonable attorney's fees. The court may also~~ 34 ~~award other relief, including injunctive and declaratory relief, that~~ 35 ~~the court in its discretion deems necessary or appropriate.~~ 36 ~~On behalf of any employee not provided a statement as required by~~ 37 ~~subdivision three of section one hundred ninety-five of this article,~~ 38 ~~the commissioner may bring any legal action necessary, including admin-~~ 39 ~~istrative action, to collect such claim, and as part of such legal~~ 40 ~~action, in addition to any other remedies and penalties otherwise avail-~~ 41 ~~able under this article, the commissioner may assess against the employ-~~ 42 ~~er damages of two hundred fifty dollars for each work day that the~~ 43 ~~violations occurred or continue to occur, but not to exceed a total of~~ 44 ~~five thousand dollars. In any action or administrative proceeding to~~ 45 ~~recover damages for violation of subdivision three of section one~~ 46 ~~hundred ninety-five of this article, it shall be an affirmative defense~~ 47 ~~that (i) the employer made complete and timely payment of all wages due~~ 48 ~~pursuant to this article or articles nineteen or nineteen-A of this~~ 49 ~~chapter to the employee who was not provided statements as required by~~ 50 ~~subdivision three of section one hundred ninety-five of this article or~~ 51 ~~(ii) the employer reasonably believed in good faith that it was not~~ 52 ~~required to provide the employee with statements pursuant to paragraph~~ 53 ~~(e) of subdivision one of section one hundred ninety-five of this arti-~~ 54 ~~cle.~~] 55 2. The remedies provided by this article may be enforced simultaneous- 56 ly or consecutively so far as not inconsistent with each other.

A. 4645 7 1 3. Notwithstanding any other provision of law, an action to recover 2 upon a liability imposed by this article must be commenced within six 3 years. [~~The statute of limitations shall be tolled from the date an~~ 4 ~~employee files a complaint with the commissioner or the commissioner~~ 5 ~~commences an investigation, whichever is earlier, until an order to~~ 6 ~~comply issued by the commissioner becomes final, or where the commis-~~ 7 ~~sioner does not issue an order, until the date on which the commissioner~~ 8 ~~notifies the complainant that the investigation has concluded. Investi-~~ 9 ~~gation by the commissioner shall not be a prerequisite to nor a bar~~ 10 ~~against a person bringing a civil action under this section.~~] All 11 employees shall have the right to recover full wages, benefits and wage 12 supplements [~~and liquidated damages~~] accrued during the six years previ- 13 ous to the commencing of such action, whether such action is instituted 14 by the employee or by the commissioner. 15 [~~4. In any civil action by an employee or by the commissioner, the~~ 16 ~~employee or commissioner shall have the right to collect attorney's fees~~ 17 ~~and costs incurred in enforcing any court judgment. Any judgment or~~ 18 ~~court order awarding remedies under this section shall provide that if~~ 19 ~~any amounts remain unpaid upon the expiration of ninety days following~~ 20 ~~issuance of judgment, or ninety days after expiration of the time to~~ 21 ~~appeal and no appeal is then pending, whichever is later, the total~~ 22 ~~amount of judgment shall automatically increase by fifteen percent.~~] 23 § 7. Section 198-a of the labor law, as amended by chapter 564 of the 24 laws of 2010, is amended to read as follows: 25 § 198-a. Criminal penalties. 1. Every employer who does not pay the 26 wages of all of his employees in accordance with the provisions of this 27 chapter, and the officers and agents of any corporation[~~, partnership,~~ 28 ~~or limited liability company~~] who knowingly permit the corporation[, 29 ~~partnership, or limited liability company~~] to violate this chapter by 30 failing to pay the wages of any of its employees in accordance with the 31 provisions thereof, shall be guilty of a misdemeanor for the first 32 offense and upon conviction therefor shall be fined not less than five 33 hundred nor more than twenty thousand dollars or imprisoned for not more 34 than one year, and, in the event that any second or subsequent offense 35 occurs within six years of the date of conviction for a prior offense, 36 shall be guilty of a felony for the second or subsequent offense, and 37 upon conviction therefor, shall be fined not less than five hundred nor 38 more than twenty thousand dollars or imprisoned for not more than one 39 year plus one day, or punished by both such fine and imprisonment, for 40 each such offense. An indictment of a person or corporation operating a 41 steam surface railroad for an offense specified in this section may be 42 found and tried in any county within the state in which such railroad 43 ran at the time of such offense. 44 2. Every employer who violates or fails to comply with the require- 45 ments of subdivision four of section one hundred ninety-five of this 46 article, and the officers and agents of any corporation[~~, partnership,~~ 47 ~~or limited liability company~~] who knowingly permit the corporation[, 48 ~~partnership, or limited liability company~~] to violate or fail to comply 49 therewith, shall be guilty of a misdemeanor and upon conviction therefor 50 shall be fined not less than five hundred nor more than five thousand 51 dollars or imprisoned for not more than one year. 52 3. Every employer who knowingly violates or fails to comply with the 53 requirements of subdivision four of section one hundred ninety-five of 54 this article, and the officers and agents of any corporation[~~, partner-~~ 55 ~~ship, or limited liability company~~] who knowingly permit the corpo- 56 ration[~~, partnership, or limited liability company~~] to violate or fail

A. 4645 8 1 to comply therewith, shall be guilty of a felony where such employer, 2 officer or agent has been convicted of a violation of such subdivision 3 within the previous six years, and upon conviction therefor shall be 4 fined not less than five hundred nor more than twenty thousand dollars 5 or imprisoned for not more than one year plus one day, or punished by 6 both such fine and imprisonment, for each such offense. In determining 7 the penalty, the court shall consider the severity of the violation, the 8 size of the employer, and the employer's good faith effort to comply 9 with the requirements of subdivision four of section one hundred nine- 10 ty-five of this article. 11 § 8. Section 199-a of the labor law, as amended by chapter 564 of the 12 laws of 2010, is amended to read as follows: 13 § 199-a. Notification of process. 1. Each employee who files a 14 complaint regarding a violation of a provision of [~~this~~] article six 15 (payment of wages), article nineteen (minimum wage act), or article 16 nineteen-A [~~(minimum wage standards and protective labor practices for~~ 17 ~~farm workers), section one hundred sixty-one, section one hundred~~ 18 ~~sixty-two~~], section two hundred twelve-a, or section two hundred 19 twelve-b[~~, or section two hundred fifteen~~] of this chapter, or a rule or 20 regulation promulgated thereunder, shall be provided with a written 21 description of the anticipated processing of the complaint, including 22 investigation, case conference, potential civil and criminal penalties, 23 and collection procedures. 24 2. Each employee and his or her [~~authorized~~] representative shall be 25 notified in writing of any case conference before it is held and given 26 the opportunity to attend. 27 3. Each employee and his or her [~~authorized~~] representative shall be 28 notified in writing of any award and collection of back wages and civil 29 penalties, and of any intent to seek criminal penalties. In the event 30 that criminal penalties are sought the employee and his or her [~~author-~~ 31 ~~ized~~] representative shall be notified of the outcome of prosecution. 32 § 9. Section 215 of the labor law, as amended by chapter 564 of the 33 laws of 2010, paragraph (b) of subdivision 1 and paragraph (a) of subdi- 34 vision 2 as amended by chapter 537 of the laws of 2014, is amended to 35 read as follows: 36 § 215. Penalties and civil action; [~~prohibited retaliation~~] employer 37 who penalizes employees because of complaint of employer violations. 1. 38 (a) No employer or his or her agent, or the officer or agent of any 39 corporation, partnership, or limited liability company[~~, or any other~~ 40 ~~person,~~] shall discharge, [~~threaten,~~] penalize, or in any other manner 41 discriminate or retaliate against any employee (i) because such employee 42 has made a complaint to his or her employer, or to the commissioner or 43 his or her authorized representative, [~~or to the attorney general or any~~ 44 ~~other person,~~] that the employer has [~~engaged in conduct that the~~ 45 ~~employee, reasonably and in good faith, believes violates any provision~~ 46 of] violated any provision of this chapter, or [~~any order issued by the~~ 47 ~~commissioner~~] (ii) [~~because such employer or person believes that such~~ 48 ~~employee has made a complaint to his or her employer, or to the commis-~~ 49 ~~sioner or his or her authorized representative, or to the attorney~~ 50 ~~general, or to any other person that the employer has violated any~~ 51 ~~provision of this chapter, or any order issued by the commissioner~~ 52 ~~(iii)~~] because such employee has caused to be instituted [~~or is about to~~ 53 ~~institute~~] a proceeding under or related to this chapter, or [~~(iv)~~](iii) 54 because such employee has provided information to the commissioner or 55 his or her authorized representative [~~or the attorney general~~], or 56 [~~(v)~~](iv) because such employee has testified or is about to testify in

A. 4645 9 1 an investigation or proceeding under this chapter, or [~~(vi)~~](v) because 2 such employee has otherwise exercised rights protected under this chap- 3 ter, or [~~(vii)~~](vi) because the employer has received an adverse deter- 4 mination from the commissioner involving the employee. 5 [~~An employee complaint or other communication need not make explicit~~ 6 ~~reference to any section or provision of this chapter to trigger the~~ 7 ~~protections of this section.~~] 8 (b) If after investigation the commissioner finds that an employer [or 9 ~~person~~] has violated any provision of this section, the commissioner 10 may, by an order which shall describe particularly the nature of the 11 violation, assess the employer [~~or person~~] a civil penalty of not less 12 than one thousand nor more than ten thousand dollars provided, however, 13 that if the commissioner finds that the employer has violated the 14 provisions of this section in the preceding six years, he or she may 15 assess a civil penalty of not less than one thousand nor more than twen- 16 ty thousand dollars[~~. The commissioner may also~~], and order [~~all appro-~~ 17 ~~priate relief including enjoining the conduct of any person or employer;~~ 18 ~~ordering payment of liquidated damages to the employee by the person or~~ 19 ~~entity in violation; and, where the person or entity in violation is an~~ 20 ~~employer ordering rehiring or reinstatement of the employee to his or~~ 21 ~~her former position or an equivalent position, and an award of lost~~ 22 ~~compensation or an award of front pay in lieu of reinstatement and an~~ 23 ~~award of lost compensation. Liquidated damages shall be calculated as an~~ 24 ~~amount not more than twenty thousand dollars. The commissioner may~~ 25 ~~assess liquidated damages on behalf of every employee aggrieved under~~ 26 ~~this section, in addition to any other remedies permitted by this~~ 27 ~~section~~] the employer to pay lost compensation. 28 (c) Notwithstanding the provisions of section two hundred thirteen of 29 this article, the penalties set forth in this section shall be the 30 exclusive remedies available for violations of this section. 31 (d) This section shall not apply to employees of the state or any 32 municipal subdivisions or departments thereof. 33 2. [~~(a)~~] An employee may bring a civil action in a court of competent 34 jurisdiction against any employer or persons alleged to have violated 35 the provisions of this section. The court shall have jurisdiction to 36 restrain violations of this section, within two years after such 37 violation, [~~regardless of the dates of employment of the employee,~~] and 38 to order all appropriate relief, including [~~enjoining the conduct of any~~ 39 ~~person or employer; ordering payment of liquidated damages, costs and~~ 40 ~~reasonable attorneys' fees to the employee by the person or entity in~~ 41 ~~violation; and, where the person or entity in violation is an employer,~~ 42 ~~ordering~~] rehiring or reinstatement of the employee to his or her former 43 position with restoration of seniority [~~or an award of front pay in lieu~~ 44 ~~of reinstatement~~], payment [~~and an award~~] of lost compensation [~~and~~], 45 damages, [~~costs~~] and reasonable attorneys' fees. [~~Liquidated damages~~ 46 ~~shall be calculated as an amount not more than twenty thousand dollars.~~ 47 ~~The court shall award liquidated damages to every employee aggrieved~~ 48 ~~under this section, in addition to any other remedies permitted by this~~ 49 ~~section. The statute of limitations shall be tolled from the date an~~ 50 ~~employee files a complaint with the commissioner or the commissioner~~ 51 ~~commences an investigation, whichever is earlier, until an order to~~ 52 ~~comply issued by the commissioner becomes final, or where the commis-~~ 53 ~~sioner does not issue an order, until the date on which the commissioner~~ 54 ~~notifies the complainant that the investigation has concluded. Investi-~~ 55 ~~gation by the commissioner shall not be a prerequisite to nor a bar~~ 56 ~~against a person bringing a civil action under this section.~~

A. 4645 10 1 ~~(b)~~] At or before the commencement of any action under this section, 2 notice thereof shall be served upon the attorney general by the employ- 3 ee. 4 [~~3. Any employer or his or her agent, or the officer or agent of any~~ 5 ~~corporation, partnership, or limited liability company, or any other~~ 6 ~~person who violates subdivision one of this section shall be guilty of a~~ 7 ~~class B misdemeanor.~~] 8 § 10. Subdivisions 1 and 3 of section 218 of the labor law, as amended 9 by chapter 2 of the laws of 2015, are amended to read as follows: 10 1. If the commissioner determines that an employer has violated a 11 provision of article six (payment of wages), article nineteen (minimum 12 wage act), article nineteen-A [~~(minimum wage standards and protective~~ 13 ~~labor practices for farm workers)~~], section two hundred twelve-a, 14 section two hundred twelve-b, section one hundred sixty-one (day of 15 rest) or section one hundred sixty-two (meal periods) of this chapter, 16 or a rule or regulation promulgated thereunder, the commissioner shall 17 issue to the employer an order directing compliance therewith, which 18 shall describe particularly the nature of the alleged violation. [~~A copy~~ 19 ~~of such order shall be provided to any employee who has filed a~~ 20 ~~complaint and any authorized representative of him or her.~~] In addition 21 to directing payment of wages, benefits or wage supplements found to be 22 due, [~~and liquidated damages in the amount of one hundred percent of~~ 23 ~~unpaid wages,~~] such order, if issued to an employer who previously has 24 been found in violation of those provisions, rules or regulations, or to 25 an employer whose violation is willful or egregious, shall direct 26 payment to the commissioner of an additional sum as a civil penalty in 27 an amount [~~not to exceed~~] equal to double the total amount [~~of wages,~~ 28 ~~benefits, or wage supplements~~] found to be due. In no case shall the 29 order direct payment of an amount less than the total wages, benefits or 30 wage supplements found by the commissioner to be due, plus the [~~liqui-~~ 31 ~~dated damages in the amount of one hundred percent of unpaid wages, the~~] 32 appropriate civil penalty[~~, and interest at the rate of interest then in~~ 33 ~~effect, as prescribed by the superintendent of financial services pursu-~~ 34 ~~ant to section fourteen-a of the banking law per annum from the date of~~ 35 ~~the underpayment to the date of the payment.~~] Where the violation is for 36 a reason other than the employer's failure to pay wages, benefits or 37 wage supplements found to be due, the order shall direct payment to the 38 commissioner of a civil penalty in an amount not to exceed one thousand 39 dollars for a first violation, two thousand dollars for a second 40 violation or three thousand dollars for a third or subsequent violation. 41 In assessing the amount of the penalty, the commissioner shall give due 42 consideration to the size of the employer's business, the good faith 43 [~~basis~~] of the employer [~~to believe that its conduct was in compliance~~ 44 ~~with the law~~], the gravity of the violation, the history of previous 45 violations and, in the case of wages, benefits or supplements 46 violations, the failure to comply with recordkeeping or other non-wage 47 requirements. 48 Where there is a violation of section one hundred ninety-eight-b of 49 this chapter, the order shall direct payment back to the employee of the 50 amount of wages, supplements or other thing of value unlawfully received 51 plus [~~liquidated damages in the amount of one hundred percent of unpaid~~ 52 ~~wages, and~~] interest at the rate of interest then in effect, as 53 prescribed by the superintendent of financial services pursuant to 54 section fourteen-a of the banking law per annum from the date of the 55 payback, return, donation or contribution to the date of payment, and 56 shall include such other relief as may be appropriate, including rehir-

A. 4645 11 1 ing or reinstatement of the employee to his or her former position, back 2 wages, and restoration of seniority. In addition, the commissioner shall 3 order payment of a civil penalty of at least twenty-five hundred dollars 4 but not more than five thousand dollars per violation. In assessing the 5 amount of the penalty, the commissioner shall give due consideration to 6 the size of the employer's business, the good faith [~~basis~~] of the 7 employer [~~to believe that its conduct was in compliance with the law~~], 8 the gravity of the violation, and the history of previous violations. 9 [~~At the discretion of the commissioner, the commissioner shall have~~ 10 ~~full authority to provide for inclusion of an automatic fifteen percent~~ 11 ~~additional amount of damages to come due and owing upon expiration of~~ 12 ~~ninety days from an order to comply becoming final. The commissioner~~ 13 ~~shall provide written notice to the employer in the order to comply of~~ 14 ~~this additional damage.~~] 15 3. Provided that no proceeding for administrative or judicial review 16 as provided in this chapter shall then be pending and the time for 17 initiation of such proceeding shall have expired, the commissioner may 18 file with the county clerk of the county where the employer resides or 19 has a place of business the order of the commissioner, or the decision 20 of the industrial board of appeals containing the amount found to be due 21 including the civil penalty, if any[~~, and at the commissioner's~~ 22 ~~discretion, an additional fifteen percent damages upon any outstanding~~ 23 ~~monies owed. At the request of an employee, the commissioner shall~~ 24 ~~assign, without consideration or liability, that portion of the filed~~ 25 ~~order that constitutes wages, wage supplements, interest on wages or~~ 26 ~~wage supplements, or liquidated damages due that employee, to that~~ 27 ~~employee and may file an assignment or order in that amount in the name~~ 28 ~~of that employee with the county clerk of the county where the employer~~ 29 ~~resides or has a place of business~~]. The filing of such assignment, 30 order or decision shall have the full force and effect of a judgment 31 duly docketed in the office of such clerk. The assignment, order or 32 decision may be enforced by and in the name of the commissioner, or by 33 the employee, in the same manner, and with like effect, as that 34 prescribed by the civil practice law and rules for the enforcement of a 35 money judgment. 36 § 11. Section 219 of the labor law, as amended by chapter 564 of the 37 laws of 2010, the opening paragraph of subdivision 1 as further amended 38 by section 104 of part A of chapter 62 of the laws of 2011, subdivision 39 3 as amended by chapter 2 of the laws of 2015, subdivision 4 as added by 40 chapter 537 of the laws of 2014, is amended to read as follows: 41 § 219. Violations of certain wage payment provisions; interest, filing 42 of order as judgment. 1. If the commissioner determines that an employer 43 has failed to pay wages, benefits or wage supplements required pursuant 44 to article six (payment of wages), article nineteen (minimum wage act) 45 or article [~~nineteen-A (minimum wage standards and protective labor~~ 46 ~~practices for farm workers)~~] nineteen-a of this chapter, or a rule or 47 regulation promulgated thereunder, the commissioner shall issue to the 48 employer an order directing compliance therewith, which shall describe 49 particularly the nature of the alleged violation. [~~A copy of such order~~ 50 ~~shall be provided to any employee who has filed a complaint and to his~~ 51 ~~or her authorized representative.~~] Such order shall direct payment of 52 wages or supplements found to be due, [~~liquidated damages in the amount~~ 53 ~~of one hundred percent of unpaid wages, and~~] including interest at the 54 rate of interest then in effect as prescribed by the superintendent of 55 financial services pursuant to section fourteen-a of the banking law per 56 annum from the date of the underpayment to the date of the payment.

A. 4645 12 1 [~~At the discretion of the commissioner, the commissioner shall have~~ 2 ~~full authority to provide for inclusion of an automatic fifteen percent~~ 3 ~~additional amount of damages to come due and owing upon expiration of~~ 4 ~~ninety days from an order to comply becoming final. The commissioner~~ 5 ~~shall provide written notice to the employer in the order to comply of~~ 6 ~~this additional damage.~~] 7 2. An order issued under subdivision one of this section shall be 8 final and not subject to review by any court or agency unless review is 9 had pursuant to section one hundred one of this chapter. 10 3. Provided that no proceeding for administrative or judicial review 11 as provided in this chapter shall then be pending and the time for 12 initiation of such proceeding shall have expired, the commissioner may 13 file with the county clerk of the county where the employer resides or 14 has a place of business the order of the commissioner or the decision of 15 the industrial board of appeals containing the amount found to be due[, 16 ~~including, at the commissioner's discretion, an additional fifteen~~ 17 ~~percent damages upon any outstanding monies owed. At the request of an~~ 18 ~~employee, the commissioner shall assign, without consideration or~~ 19 ~~liability, that portion of the filed order that constitutes wages, wage~~ 20 ~~supplements, interest on wages or wage supplements, or liquidated~~ 21 ~~damages due the employee, to that employee and may file an assignment or~~ 22 ~~order in that amount in the name of such employee with the county clerk~~ 23 ~~of the county where the employer resides or has a place of business~~]. 24 The filing of such assignment, order or decision shall have the full 25 force and effect of a judgment duly docketed in the office of such 26 clerk. The assignment, order or decision may be enforced by and in the 27 name of the commissioner, or by the employee, in the same manner, and 28 with like effect, as that prescribed by the civil practice law and rules 29 for the enforcement of a money judgment. 30 [~~4. An employer similar in operation and ownership to a prior employer~~ 31 ~~found to be in violation of article six, nineteen or nineteen-A of this~~ 32 ~~chapter, shall be deemed the same employer for the purposes of this~~ 33 ~~section if the employees of the subsequent employer are engaged in~~ 34 ~~substantially the same work in substantially the same working conditions~~ 35 ~~under substantially the same supervisors, or if the new entity has~~ 36 ~~substantially the same production process, produces substantially the~~ 37 ~~same products and has substantially the same body of customers. Such a~~ 38 ~~subsequent employer will continue to be subject to this section and~~ 39 ~~shall be liable for the acts of the prior employer under this section.~~] 40 § 12. Section 219-c of the labor law is REPEALED. 41 § 13. Section 661 of the labor law, as amended by chapter 564 of the 42 laws of 2010, is amended to read as follows: 43 § 661. Records of employers. [~~For all employees covered by this arti-~~ 44 ~~cle, every~~] Every employer shall [~~establish, maintain, and preserve for~~ 45 ~~not less than six years contemporaneous,~~] keep true[,] and accurate 46 [~~payroll~~] records [~~showing for each week worked the~~] of hours worked by 47 each employee covered by an hourly minimum wage rate, the [~~rate or rates~~ 48 ~~of pay and basis thereof, whether paid by the hour, shift, day, week,~~ 49 ~~salary, piece, commission, or other basis; gross wages; deductions;~~ 50 ~~allowances, if any, claimed as part of the minimum wage; and net wages~~ 51 ~~for each employee, plus~~] wages paid to all employees, and such other 52 information as the commissioner deems material and necessary[~~. For all~~ 53 ~~employees who are not exempt from overtime compensation as established~~ 54 ~~in the commissioner's minimum wage orders or otherwise provided by New~~ 55 ~~York state law or regulation, the payroll records must include the regu-~~ 56 ~~lar hourly rate or rates of pay, the overtime rate or rates of pay, the~~

A. 4645 13 1 ~~number of regular hours worked, and the number of overtime hours worked.~~ 2 ~~For all employees paid a piece rate, the payroll records shall include~~ 3 ~~the applicable piece rate or rates of pay and number of pieces completed~~ 4 ~~at each piece rate. On~~], and shall on demand[~~, the employer shall~~] 5 furnish to the commissioner or his duly authorized representative a 6 sworn statement of the [~~hours worked, rate or rates of pay and basis~~ 7 ~~thereof, whether paid by the hour, shift, day, week, salary, piece,~~ 8 ~~commission, or other basis; gross wages; deductions; and allowances, if~~ 9 ~~any, claimed as part of the minimum wage, for each employee, plus such~~ 10 ~~other information as the commissioner deems material and necessary~~]same. 11 Every employer shall keep such records open to inspection by the commis- 12 sioner or his duly authorized representative at any reasonable time. 13 Every employer of an employee shall keep a digest and summary of this 14 article or applicable wage order, which shall be prepared by the commis- 15 sioner, posted in a conspicuous place in his establishment and shall 16 also keep posted such additional copies of said digest and summary as 17 the commissioner prescribes. Employers shall, on request, be furnished 18 with copies of this article and of orders, and of digests and summaries 19 thereof, without charge. Employers shall permit the commissioner or his 20 duly authorized representative to question [~~without interference~~] any 21 employee of such employer in [~~a private location at~~] the place of 22 employment and during working hours in respect to the wages paid to and 23 the hours worked by such employee or other employees. 24 § 14. Section 662 of the labor law, as amended by chapter 564 of the 25 laws of 2010, is amended to read as follows: 26 § 662. Penalties. 1. [~~Failure to pay minimum wage or overtime compen-~~ 27 ~~sation~~] Discrimination against employee. Any employer or his or her 28 agent, or the officer or agent of any corporation, who discharges or in 29 any other manner discriminates against any employee because such employ- 30 ee has made a complaint to his employer, or to the commissioner or his 31 authorized representative, that he has not been paid in accordance with 32 the provisions of this article, or because such employee has caused to 33 be instituted a proceeding under or related to this article, or because 34 such employee has testified or is about to testify in an investigation 35 or proceeding under this article, shall be guilty of a class B misdemea- 36 nor. 37 2. Payment of less than minimum wage. Any employer or his or her 38 agent, or the officer or agent of any corporation, [~~partnership, or~~ 39 ~~limited liability company,~~] who pays or agrees to pay to any employee 40 less than the wage applicable under this article shall be guilty of a 41 class B misdemeanor and [~~upon conviction therefor shall be fined not~~ 42 ~~less than five hundred nor more than twenty thousand dollars or impri-~~ 43 ~~soned for not more than one year, and, in the event that any second or~~ 44 ~~subsequent offense occurs within six years of the date of conviction for~~ 45 ~~a prior offense, shall be guilty of a felony for the second or subse-~~ 46 ~~quent offense, and upon conviction therefor, shall be fined not less~~ 47 ~~than five hundred nor more than twenty thousand dollars or imprisoned~~ 48 ~~for not more than one year plus one day, or punished by both such fine~~ 49 ~~and imprisonment, for each such offense. Each~~] each payment to any 50 employee in any week of less than the wage applicable under this article 51 shall constitute a separate offense. 52 [2.] 3. Failure to keep records. Any employer or his or her agent, or 53 the officer or agent of any corporation[~~, partnership, or limited~~ 54 ~~liability company~~], who fails to keep the records required under this 55 article or to furnish such records or any information required to be 56 furnished under this article to the commissioner or his or her author-

A. 4645 14 1 ized representative upon request, or who hinders or delays the commis- 2 sioner or his or her authorized representative in the performance of his 3 or her duties in the enforcement of this article, or refuses to admit 4 the commissioner or his or her authorized representative to any place of 5 employment, or falsifies any such records or refuses to make such 6 records accessible to the commissioner or his or her authorized repre- 7 sentative, or refuses to furnish a sworn statement of such records or 8 any other information required for the proper enforcement of this arti- 9 cle to the commissioner or his or her authorized representative, shall 10 be guilty of a class B misdemeanor and [~~upon conviction therefor shall~~ 11 ~~be fined not less than five hundred nor more than five thousand dollars~~ 12 ~~or imprisoned for not more than one year, and, in the event that any~~ 13 ~~second or subsequent offense occurs within six years of the date of~~ 14 ~~conviction for a prior offense, shall be guilty of a felony for the~~ 15 ~~second or subsequent offense, and upon conviction therefor, shall be~~ 16 ~~fined not less than five hundred nor more than twenty thousand dollars~~ 17 ~~or imprisoned for not more than one year plus one day, or punished by~~ 18 ~~both such fine and imprisonment, for each such offense. Each~~] each day's 19 failure to keep the records requested under this article or to furnish 20 such records or information to the commissioner or his or her authorized 21 representative shall constitute a separate offense. 22 4. Where any person has previously been convicted of a violation of 23 this section within the preceding five years, upon conviction for a 24 second or subsequent violation such person may be fined up to ten thou- 25 sand dollars in addition to any other penalties including fines other- 26 wise provided by law; provided, however, that the total additional fine 27 that may be imposed pursuant to this subdivision for separate offenses 28 committed in any consecutive twelve month period may not exceed ten 29 thousand dollars. 30 § 15. Section 663 of the labor law, as amended by chapter 564 of the 31 laws of 2010, subdivision 3 as amended by chapter 2 of the laws of 2015, 32 is amended to read as follows: 33 § 663. Civil action. 1. By employee. If any employee is paid by his or 34 her employer less than the wage to which he or she is entitled under the 35 provisions of this article, he or she [~~shall~~] may recover in a civil 36 action the amount of any such underpayments, together with costs [~~all~~] 37 and such reasonable attorney's fees, [~~prejudgment interest as required~~ 38 ~~under the civil practice law and rules~~] as may be allowed by the court, 39 and unless the employer proves a good faith basis to believe that its 40 underpayment of wages was in compliance with the law, an additional 41 amount as liquidated damages equal to [~~one hundred~~] twenty-five percent 42 of the total of such underpayments found to be due[~~. Any~~] the employee 43 and any agreement between the employee, and the employer to work for 44 less than such wage shall be no defense to such action. 45 2. By commissioner. On behalf of any employee paid less than the wage 46 to which the employee is entitled under the provisions of this article, 47 the commissioner may bring any legal action necessary, including admin- 48 istrative action, to collect such claim, and the employer shall be 49 required to pay [~~the full amount of the underpayment, plus~~] costs, and 50 unless the employer proves a good faith basis to believe that its under- 51 payment was in compliance with the law, an additional amount as liqui- 52 dated damages equal to twenty-five percent of the total of such under- 53 payments found to be due the employee. [~~Liquidated damages shall be~~ 54 ~~calculated by the commissioner as no more than one hundred percent of~~ 55 ~~the total amount of underpayments found to be due the employee. In any~~ 56 ~~action brought by the commissioner in a court of competent jurisdiction,~~

A. 4645 15 1 ~~liquidated damages shall be calculated as an amount equal to one hundred~~ 2 ~~percent of underpayments found to be due the employee.~~] 3 3. Limitation of time. Notwithstanding any other provision of law, an 4 action to recover upon a liability imposed by this article must be 5 commenced within six years. [~~The statute of limitations shall be tolled~~ 6 ~~from the date an employee files a complaint with the commissioner or the~~ 7 ~~commissioner commences an investigation, whichever is earlier, until an~~ 8 ~~order to comply issued by the commissioner becomes final, or where the~~ 9 ~~commissioner does not issue an order, until the date on which the~~ 10 ~~commissioner notifies the complainant that the investigation has~~ 11 ~~concluded. Investigation by the commissioner shall not be a prerequisite~~ 12 ~~to nor a bar against a person bringing a civil action under this arti-~~ 13 ~~cle.~~ 14 ~~4. Attorneys' fees. In any civil action by an employee or by the~~ 15 ~~commissioner, the employee or commissioner shall have the right to~~ 16 ~~collect attorneys' fees and costs incurred in enforcing any court judg-~~ 17 ~~ment. Any judgment or court order awarding remedies under this section~~ 18 ~~shall provide that if any amounts remain unpaid upon the expiration of~~ 19 ~~ninety days following issuance of judgment, or ninety days after expira-~~ 20 ~~tion of the time to appeal and no appeal therefrom is then pending,~~ 21 ~~whichever is later, the total amount of judgment shall automatically~~ 22 ~~increase by fifteen percent.~~] 23 § 16. This act shall take effect immediately.

Relates to the payment of wages; repealer

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