N.Y. Labor Law Section 219
Violations of certain wage payment provisions

  • interest, filing of order as judgment

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 (minimum wage standards and protective labor practices for farm workers) 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. A copy of such order shall be provided to any employee who has filed a complaint and to his or her authorized representative. Such order shall direct payment of wages or supplements found to be due, liquidated damages in the amount of one hundred percent of unpaid wages, and interest at the rate of interest then in effect as prescribed by the superintendent of financial services pursuant to Banking Law § 14-A (Rate of interest)section fourteen-a of the banking law per annum from the date of the underpayment to the date of the payment. At the discretion of the commissioner, the commissioner shall have full authority to provide for inclusion of an automatic fifteen percent additional amount of damages to come due and owing upon expiration of ninety days from an order to comply becoming final. The commissioner shall provide written notice to the employer in the order to comply of this additional damage.

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.

(a) 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, including, at the commissioner’s discretion, an additional fifteen percent damages upon any outstanding monies owed. Notwithstanding any provision to the contrary, in execution of any order or decision filed by the commissioner pursuant to this section, the commissioner shall have all the powers conferred upon sheriffs by article twenty-five of the civil practice law and rules, but the commissioner shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty. Additionally, at the request of an employee, the commissioner shall assign, without consideration or liability, that portion of the filed order that constitutes wages, wage supplements, interest on wages or wage supplements, or liquidated damages due the employee, to that employee and may file an assignment or order in that amount in the name of such employee with the county clerk of the county where the employer resides or has a place of business. The filing of such assignment, order or decision shall have the full force and effect of a judgment duly docketed in the office of such clerk. The assignment may be enforced by the employee 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.

(b)

In addition and as an alternative to any other remedy provided by this section and 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 issue a warrant under the official seal of the commissioner, directed to the sheriff of any county, commanding the sheriff to levy upon and sell the real and personal property that may be found within the sheriff’s county of an employer who has defaulted in the payment of any sum determined to be due from such employer for the payment of such sum together with interest, penalties, and the cost of executing the warrant, and to return such warrant to the commissioner and to pay into the fund the money collected by virtue thereof within sixty days after the receipt of such warrant. The sheriff shall, within five days after the receipt of the warrant, file with the clerk of the county a copy thereof, and thereupon such clerk shall enter in the judgment docket the name of the employer mentioned in the warrant and the amount of the contribution, interest, and penalties for which the warrant is issued and the date when such copy is filed. Thereupon the amount of such warrant so docketed shall become a lien upon the title to and interest in real property and chattels of the employer against whom the warrant is issued in the same manner as a judgment duly docketed in the office of such clerk. The sheriff shall then proceed upon the warrant in the same manner, and with like effect, as that provided by law in respect to executions issued against property upon judgments of a court of record, and the sheriff shall be entitled to the same fees, which they may collect in the same manner, for the sheriff’s services in executing the warrant.

(c)

In the discretion of the commissioner, a warrant of like terms, force, and effect may be issued and directed to any officer or employee of the department of labor who may file a copy of such warrant with the clerk of any county in the state, and thereupon each such clerk shall docket it and it shall become a lien in the same manner and with the same force and effect as hereinbefore provided with respect to a warrant issued and directed to and filed by a sheriff; and in the execution thereof such officer or employee shall have all the powers conferred by law upon sheriffs, but they shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty. If a warrant is returned not satisfied in full, the commissioner shall have the same remedies to enforce the amount thereof as if the commissioner had recovered judgment for the same.

4.

An employer similar in operation and ownership to a prior employer found to be in violation of article six, nineteen or nineteen-A of this chapter, shall be deemed the same employer for the purposes of this section if the employees of the subsequent employer are engaged in substantially the same work in substantially the same working conditions under substantially the same supervisors, or if the new entity has substantially the same production process, produces substantially the same products and has substantially the same body of customers. Such a subsequent employer will continue to be subject to this section and shall be liable for the acts of the prior employer under this section.

Source: Section 219 — Violations of certain wage payment provisions; interest, filing of order as judgment, https://www.­nysenate.­gov/legislation/laws/LAB/219 (updated May 16, 2025; accessed May 24, 2025).

200
General duty to protect health and safety of employees
200–A
Laws to be posted at airports
201
Laws and orders to be posted
201–A
Fingerprinting of employees prohibited
201–B
Fees for medical examination
201–C
Discrimination in child-care leave prohibited
201–D
Discrimination against the engagement in certain activities
201–E
Maintenance of employee-patient records at occupational health service centers
201–F
Posting regulations on employment of persons previously convicted of one or more crimes
201–G
Prevention of sexual harassment
201–H
Posting of veterans’ benefits and services
201–I
Request for access to personal accounts prohibited
202
Protection of the public and of persons engaged at window cleaning and cleaning of exterior surfaces of buildings
202–A
Leave of absence for bone marrow donations
202–B
Leave for organ or bone marrow donation granted to state employees
202–C
Prevention of personal injuries in the use of ski tows, other passenger tramways and downhill ski areas
202–D
Coin-operated machines performing a manufacturing process
202–E
Protection of persons employed on/in vehicular bridges and/or tunnels
202–F
Protection of hotel and motel employees against fire hazards in employee housing facilities
202–G
Display of fuel-connected appliances in wholesale or retail store
202–H
High-voltage proximity
202–I
Leave of absence for military spouses
202–J
Leave of absence for blood donation granted to employees
202–K
Protection of persons employed in the broadcast industry
202–L
Leave of absence for volunteer emergency responders
203
Washrooms, washing facilities and waterclosets for elevator employees
203–A
Seats in certain passenger elevators or relief for the operator
203–B
Seats for female employees
203–C
Employee privacy protection
203–D
Employee personal identifying information
203–E
Prohibition of discrimination based on an employee’s or a dependent’s reproductive health decision making
203–F
Inventions made by employees
204
Inspection of boilers
204–B
Refunds
205
Prohibition against eating meals in certain workrooms
206
Prevention of personal injuries to persons engaged in tree trimming
206–A
Physical examinations of females
206–C
Right of nursing employees to express breast milk
207
Protection of employees at switchboards
207–A
Employee safety in work on energized high voltage lines
208
Labels, brands and marks used by labor organizations
209
Illegal use of labels, brands and marks
209–A
Fraudulent representation in labor organizations
210
Proceedings for nonenforcement
210–A
Legal duty to employees
211
Protection of employees
211–A
Prohibition against use of funds
212
Drinking water for farm laborers
212–A
Migrant registration law
212–B
Farm labor camp commissaries
212–C
Definitions
212–D
Field sanitation for farm hand workers, farm field workers and farm food processing workers
213
Violations of provisions of labor law
213–A
Special provisions regarding the purchasing of apparel or sports equipment by the state university of New York and the city university of...
214
Criminal prosecution
215
Penalties and civil action
215–A
Discrimination against employees for failure to meet certain ticket quotas
215–B
Children
215–C
Discrimination against employees for displaying the American flag
216
Failure to pay statutory inspection fees
217
Employee notification and remittance of premiums
218
Violations of certain provisions
218–A
Sun safety education for state employees
218–B
Prevention of occupational exposure to an airborne infectious disease
219
Violations of certain wage payment provisions
219–A
Affirmation in lieu of oath
219–C
Public notice of employer violations
219–D
Emergency alert notification system employer registration

Accessed:
May 24, 2025

Last modified:
May 16, 2025

§ 219’s source at nysenate​.gov

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