On August 17, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
John L. Hyman,
and
Leeding Builders Group Llc,
for Torts - Other (NYLL wage violations)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/18/2023
EXHIBIT N
FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/18/2023
unpaid wages prohibition act, 1997 N.Y„ S.N. 5071
Enacted, September 17, 1997
Reporter
1997 N.Y. ALS 605; 1997 N.Y. LAWS 605; 1997 N.Y. S.N. 5071
NEW YORK ADVANCE LEGISLATIVE SERVICE > 1997 REGULAR SESSION > CHAPTER 605 > SENATE BILL
NO. 5071-C
Notice
[A>UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDEDText within these symbols is deleted § 196-A. COMPLAINTS BY EMPLOYEES TO COMMISSIONER. ANY EMPLOYEE, OR THE RECOGNIZED
AND CERTIFIED COLLECTIVE BARGAINING AGENT ACTING ON THE EMPLOYEE'S BEHALF, MAY FILE
WITH THE COMMISSIONER A COMPLAINT REGARDING A VIOLATION OF ARTICLE SIX, ARTICLE
NINETEEN, OR ARTICLE NINETEEN-A OF THIS CHAPTER FOR AN INVESTIGATION OF SUCH COMPLAINT
AND STATEMENT SETTING THE APPROPRIATE REMEDY, IF ANY. FAILURE OF AN EMPLOYER TO KEEP
ADEQUATE RECORDS, IN ADDITION TO EXPOSING SUCH EMPLOYER TO PENALTIES AUTHORIZED
UNDER SUBDIVISION ONE OF SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER, SHALL NOT
OPERATE AS A BAR TO FILING OF A COMPLAINT BY AN EMPLOYEE. IN SUCH A CASE THE EMPLOYER IN
VIOLATION SHALL BEAR THE BURDEN OF PROVING THAT THE COMPLAINING EMPLOYEE WAS PAID
WAGES, BENEFITS AND WAGE SUPPLEMENTS. ALL EMPLOYEES SHALL HAVE THE RIGHT TO RECOVER FULL WAGES,
BENEFITS AND WAGE SUPPLEMENTS ACCRUED DURING THE SIX YEARS PREVIOUS TO THE
COMMENCING OF SUCH ACTION, WHETHER SUCH ACTION IS INSTITUTED BY THE EMPLOYEE OR BY
THE COMMISSIONER. FOR THE FIRST OFFENSE AND A FELONY FOR THE
SECOND OFFENSE one hundred FIVE
HUNDRED ten thousand TWENTY THOUSAND § 199-A. NOTIFICATION OF PROCESS. 1. EACH EMPLOYEE WHO FILES A COMPLAINT REGARDING A
VIOLATION OF A PROVISION OF ARTICLE SIX (PAYMENT OF WAGES), ARTICLE NINETEEN (MINIMUM
WAGE ACT), OR ARTICLE NINETEEN-A, SECTION TWO HUNDRED TWELVE-A OR SECTION TWO
HUNDRED TWELVE-B OF THIS CHAPTER, OR A RULE OR REGULATION PROMULGATED THEREUNDER,
SHALL BE PROVIDED WITH A WRITTEN DESCRIPTION OF THE ANTICIPATED PROCESSING OF THE
COMPLAINT, INCLUDING INVESTIGATION, CASE CONFERENCE, POTENTIAL CIVIL AND CRIMINAL
PENALTIES, AND COLLECTION PROCEDURES. 2. EACH EMPLOYEE AND HIS OR HER REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF ANY
CASE CONFERENCE BEFORE IT IS HELD AND GIVEN THE OPPORTUNITY TO ATTEND. 3. EACH EMPLOYEE AND HIS OR HER REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF ANY
AWARD AND COLLECTION OF BACK WAGES AND CIVIL PENALTIES, AND OF ANY INTENT TO SEEK
CRIMINAL PENALTIES. IN THE EVENT THAT CRIMINAL PENALTIES ARE SOUGHT THE EMPLOYEE AND
HIS OR HER REPRESENTATIVE SHALL BE NOTIFIED OF THE OUTCOME OF PROSECUTION. may direct payment to
the commissioner of a civil penalty in an amount not exceeding fifty percent of the total amount found to be due
, IF ISSUED TO AN EMPLOYER WHO PREVIOUSLY HAS BEEN FOUND IN VIOLATION OF THOSE
PROVISIONS, RULES OR REGULATIONS, OR TO AN EMPLOYER WHOSE VIOLATION IS WILLFUL OR
EGREGIOUS, SHALL DIRECT PAYMENT TO THE COMMISSIONER OF AN ADDITIONAL SUM AS A CIVIL
PENALTY IN AN AMOUNT EQUAL TO DOUBLE THE TOTAL AMOUNT FOUND TO BE DUE. IN NO CASE
SHALL THE ORDER DIRECT PAYMENT OF AN AMOUNT LESS THAN THE TOTAL WAGES, BENEFITS OR
WAGE SUPPLEMENTS FOUND BY THE COMMISSIONER TO BE DUE, PLUS THE APPROPRIATE CIVIL
PENALTY may SHALL
Document Filed Date
October 18, 2023
Case Filing Date
August 17, 2023
Category
Torts - Other (NYLL wage violations)
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FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/18/2023 EXHIBIT N FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/18/2023 unpaid wages prohibition act, 1997 N.Y„ S.N. 5071 Enacted, September 17, 1997 Reporter 1997 N.Y. ALS 605; 1997 N.Y. LAWS 605; 1997 N.Y. S.N. 5071 NEW YORK ADVANCE LEGISLATIVE SERVICE > 1997 REGULAR SESSION > CHAPTER 605 > SENATE BILL NO. 5071-C Notice [A>UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDEDText within these symbols is deleted § 196-A. COMPLAINTS BY EMPLOYEES TO COMMISSIONER. ANY EMPLOYEE, OR THE RECOGNIZED AND CERTIFIED COLLECTIVE BARGAINING AGENT ACTING ON THE EMPLOYEE'S BEHALF, MAY FILE WITH THE COMMISSIONER A COMPLAINT REGARDING A VIOLATION OF ARTICLE SIX, ARTICLE NINETEEN, OR ARTICLE NINETEEN-A OF THIS CHAPTER FOR AN INVESTIGATION OF SUCH COMPLAINT AND STATEMENT SETTING THE APPROPRIATE REMEDY, IF ANY. FAILURE OF AN EMPLOYER TO KEEP ADEQUATE RECORDS, IN ADDITION TO EXPOSING SUCH EMPLOYER TO PENALTIES AUTHORIZED UNDER SUBDIVISION ONE OF SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER, SHALL NOT OPERATE AS A BAR TO FILING OF A COMPLAINT BY AN EMPLOYEE. IN SUCH A CASE THE EMPLOYER IN VIOLATION SHALL BEAR THE BURDEN OF PROVING THAT THE COMPLAINING EMPLOYEE WAS PAID WAGES, BENEFITS AND WAGE SUPPLEMENTS. ALL EMPLOYEES SHALL HAVE THE RIGHT TO RECOVER FULL WAGES, BENEFITS AND WAGE SUPPLEMENTS ACCRUED DURING THE SIX YEARS PREVIOUS TO THE COMMENCING OF SUCH ACTION, WHETHER SUCH ACTION IS INSTITUTED BY THE EMPLOYEE OR BY THE COMMISSIONER. FOR THE FIRST OFFENSE AND A FELONY FOR THE SECOND OFFENSE one hundred FIVE HUNDRED ten thousand TWENTY THOUSAND § 199-A. NOTIFICATION OF PROCESS. 1. EACH EMPLOYEE WHO FILES A COMPLAINT REGARDING A VIOLATION OF A PROVISION OF ARTICLE SIX (PAYMENT OF WAGES), ARTICLE NINETEEN (MINIMUM WAGE ACT), OR ARTICLE NINETEEN-A, SECTION TWO HUNDRED TWELVE-A OR SECTION TWO HUNDRED TWELVE-B OF THIS CHAPTER, OR A RULE OR REGULATION PROMULGATED THEREUNDER, SHALL BE PROVIDED WITH A WRITTEN DESCRIPTION OF THE ANTICIPATED PROCESSING OF THE COMPLAINT, INCLUDING INVESTIGATION, CASE CONFERENCE, POTENTIAL CIVIL AND CRIMINAL PENALTIES, AND COLLECTION PROCEDURES. 2. EACH EMPLOYEE AND HIS OR HER REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF ANY CASE CONFERENCE BEFORE IT IS HELD AND GIVEN THE OPPORTUNITY TO ATTEND. 3. EACH EMPLOYEE AND HIS OR HER REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF ANY AWARD AND COLLECTION OF BACK WAGES AND CIVIL PENALTIES, AND OF ANY INTENT TO SEEK CRIMINAL PENALTIES. IN THE EVENT THAT CRIMINAL PENALTIES ARE SOUGHT THE EMPLOYEE AND HIS OR HER REPRESENTATIVE SHALL BE NOTIFIED OF THE OUTCOME OF PROSECUTION. may direct payment to the commissioner of a civil penalty in an amount not exceeding fifty percent of the total amount found to be due , IF ISSUED TO AN EMPLOYER WHO PREVIOUSLY HAS BEEN FOUND IN VIOLATION OF THOSE PROVISIONS, RULES OR REGULATIONS, OR TO AN EMPLOYER WHOSE VIOLATION IS WILLFUL OR EGREGIOUS, SHALL DIRECT PAYMENT TO THE COMMISSIONER OF AN ADDITIONAL SUM AS A CIVIL PENALTY IN AN AMOUNT EQUAL TO DOUBLE THE TOTAL AMOUNT FOUND TO BE DUE. IN NO CASE SHALL THE ORDER DIRECT PAYMENT OF AN AMOUNT LESS THAN THE TOTAL WAGES, BENEFITS OR WAGE SUPPLEMENTS FOUND BY THE COMMISSIONER TO BE DUE, PLUS THE APPROPRIATE CIVIL PENALTY may SHALL