Labor Law 681 — Legislation
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SECTION 681
Civil action
Labor (LAB) CHAPTER 31, ARTICLE 19-A
§ 681. Civil action. 1. By employee. If any employee is paid by his
employer less than the wage to which he is entitled under the provisions
of this article, he may recover in a civil action the amount of any such
underpayments, together with costs and such reasonable attorney's fees
as may be allowed by the court, and if such underpayment was willful, an
additional amount as liquidated damages equal to twenty-five percent of
the total of such underpayment found to be due him and any agreement
between him and his employer to work for less than such wage shall be no
defense to such action.
2. By commissioner. On behalf of any employee paid less than the wage
to which he is entitled under the provisions of this article, the
commissioner may bring any legal action necessary to collect such claim,
and the employer shall be required to pay the costs and if such
underpayment was willful, an additional amount as liquidated damages
equal to twenty-five percent of the total of such underpayments found to
be due him.
3. Limitation of time. Notwithstanding any other provision of law, an
action to recover upon a liability imposed by this article must be
commenced within six years.