N.Y. LAB Law § 696-F

§ 696-f. Civil action. 1. On behalf of any employee paid less than the\napplicable standard rate to which the employee is entitled under the\nprovisions of this article, the commissioner may bring any legal action\nnecessary, including administrative action, to collect such claim, and\nthe employer shall be required to pay the full amount of the\nunderpayment, plus costs, and unless the employer proves a good faith\nbasis to believe that its underpayment was in compliance with the law,\nan additional amount as liquidated damages. Liquidated damages shall be\ncalculated by the commissioner as no more than one hundred percent of\nthe total amount of underpayments found to be due the employee. In any\naction brought by the commissioner in a court of competent jurisdiction,\nliquidated damages shall be calculated as an amount equal to one hundred\npercent of underpayments found to be due the employee.\n 2. Notwithstanding any other provision of law, an action to recover\nupon a liability imposed by this article must be commenced within six\nyears. The statute of limitations shall be tolled from the date an\nemployee files a complaint with the commissioner or the commissioner\ncommences an investigation, whichever is earlier, until an order to\ncomply issued by the commissioner becomes final, or where the\ncommissioner does not issue an order, until the date on which the\ncommissioner notifies the complainant that the investigation has\nconcluded.\n 3. In any civil action by the commissioner, the commissioner shall\nhave the right to collect attorneys' fees and costs incurred in\nenforcing any court judgment. Any judgment or court order awarding\nremedies under this section shall provide that if any amounts remain\nunpaid upon the expiration of ninety days following issuance of\njudgment, or ninety days after expiration of the time to appeal and no\nappeal therefrom is then pending, whichever is later, the total amount\nof judgment shall automatically increase by fifteen percent.\n