New York Strengthens Ability to Hold ERs Accountable for Wage and Hour Violations
As of November 24, 2009, the Commissioner of Labor will have the authority to prosecute claims to collect unpaid or underpaid wages before administrative judges within the Department of Labor. It also allows the judge to impose liquidated damages on the employer unless the employer can show that it had a good faith basis to believe its underpayment was legal.
Also, penalties in New York against employers who retaliate against an employee for bringing a wage and hour claim have increased. The range used to be $200-$1,000, but it is now $2,000 to $10,000. The penalty provision has also been expanded to include officers and agents of LLC’s and partnerships.