N.Y. Workers' Compensation Law Section 95
Record and audit of payrolls


(1)

Every employer who is insured in the state insurance fund shall keep a true and accurate record of the number of his employees and the wages paid by him, and shall furnish, upon demand, a sworn statement of the same. Such record shall be open to inspection at any time and as often as may be necessary to verify the number of employees and the amount of the payroll. Any employer who shall fail to keep such record, who shall willfully fail to furnish such record or who shall willfully falsify any such record, shall be guilty of a misdemeanor.

(2)

Employers subject to subdivision (e) of Insurance Law § 2304 (Rate making and supporting information)section two thousand three hundred four of the insurance law and subdivision two of § 89 (Rates for workers’ compensation)section eighty-nine of this article shall keep a true and accurate record of hours worked for all construction classification employees. The willful failure to keep such record, or the knowing falsification of any such record, may be prosecuted as insurance fraud in accordance with the provisions of section 176.05 of the penal law.

Source: Section 95 — Record and audit of payrolls, https://www.­nysenate.­gov/legislation/laws/WKC/95 (updated Sep. 22, 2014; accessed May 4, 2024).

76
Creation of state fund
77
Administration
78
Salaries and expenses
79
Meetings
80
Seal
81
Offices, lands, leaseholds and buildings
82
Powers and duties
83
Rules
84
General attorney
85
Commissioner of taxation and finance custodian of fund
86
Catastrophe surplus and reserves for workers’ compensation
86‑A
Catastrophe surplus and reserves for disability benefits
87
Investment of surplus or reserve
87‑A
Investment in obligations of the municipal assistance corporation for the city of New York
87‑B
Investments in obligations of the city of Yonkers
87‑BB
Investments in obligations of the city of Yonkers
87‑C
Investments in obligations of designated public benefit corporations
87‑D
Contractual obligations as evidence of indebtedness upon reimbursement of reserves
87‑E
Amortization of gains or losses
87‑F
Appropriations to the state insurance fund
87‑G
Advances to the urban development corporation
87‑H
Investments of the state insurance fund
87‑I
New York state insurance fund MWBE asset management and financial institution strategy
88
Administration expenses
88*2
Administration expenses
88‑A
Payments from special or administrative funds
88‑B
Coverage of employees in state-supported educational institutions
88‑C
Coverage of state employees
89
Rates for workers’ compensation
90
Dividends
91
Groups for accident prevention
92
Payment of premiums
93
Collection of premium in case of default
94
Withdrawal from fund
95
Record and audit of payrolls
96
Penalties for fraudulent practices
97
Inspections
98
Disclosures prohibited
99
Reports of state insurance fund
100
Insurance against liability to volunteer firefighters and ambulance workers

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 95’s source at nysenate​.gov

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