N.Y. Labor Law 344 – Powers
§ 344. Powers. Notwithstanding any other state or local law or regulation to the contrary, the special task force shall have the following powers: 1. To inspect books, records and premises of manufacturers and contractors, with respect to their respective production employees, to determine compliance with this chapter, including but not limited to, minimum wage, overtime compensation, unemployment insurance coverage, child labor and industrial homework and, if the special task force determines that a manufacturer or contractor has violated any provision of this chapter with respect to its production employees, to assess and collect, on behalf of the commissioner, an administrative penalty. If the violation is of a provision of this chapter for which the assessment and collection of an administrative penalty is not otherwise authorized, the special task force may assess and collect a penalty of up to two hundred fifty dollars for a first violation and up to five hundred dollars for each subsequent violation. No penalty shall be levied pursuant to this subdivision unless the commissioner shall provide the violator with notification of such violation and of the amount of such administrative penalty by certified mail and with an opportunity to request a hearing within fifteen days following the receipt of such notice. If a hearing is requested, the commissioner may issue a final order upon such hearing and a finding that a violation has occurred. If no hearing is requested, such notice shall become a final order upon the expiration of the fifteen-day period. Payment of such administrative penalty is due when a final order is issued or when the notice becomes a final order. Any penalty imposed pursuant to this subdivision may be recovered with costs upon an appeal to the appellate division of the supreme court pursuant to Article 78 of the civil practice law and rules and upon a final determination that the finding by the commissioner was in error. Any penalty paid pursuant to this subdivision shall be applied to enforcement and administrative costs of the special task force;
Terms Used In N.Y. Labor Law 344
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Commissioner: shall mean the commissioner of labor;
(b) "Department" shall mean the department of labor;
(c) "Apparel industry" shall mean the making, cutting, sewing, finishing, assembling, pressing or otherwise producing, by any of the foregoing apparel industry services, any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale, provided, however, that the apparel industry shall not include cleaning or tailoring after the apparel has been sold at retail;
(d) "Manufacturer" shall mean any person who (i) in fulfillment or anticipation of a wholesale purchase contract, contracts with a contractor to perform in New York state the cutting, sewing, finishing, assembling, pressing or otherwise producing any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which, pursuant to such contract, is to be sold or offered for sale to a retailer or other entity, or (ii) cuts, sews, finishes, assembles, presses or otherwise produces in New York state any men's, women's, children's or infants' apparel, or a section or component, designed or intended to be worn by any individual which is to be sold or offered for sale; provided, however, that "manufacturer" shall not mean a production employee employed for wages who does not employ others;
(e) "Contractor" shall mean any person who, in fulfillment of a contract with a manufacturer, performs in New York state the cutting, sewing, finishing, assembling, pressing or otherwise producing any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale. See N.Y. Labor Law 340 - Contractor: shall include , but not be limited to, a subcontractor, jobber, or wholesaler, but shall not include a production employee who is employed for wages but does not employ others;
(f) "Production employees" shall mean persons who are employed by a contractor or a manufacturer directly to perform the cutting, sewing, finishing, assembling, pressing or otherwise producing of any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale;
(g) "Special task force" shall mean the special task force on the apparel industry within the department; and
(h) "Labor law" shall mean the labor law of New York state. See N.Y. Labor Law 340 - Production employees: shall mean persons who are employed by a contractor or a manufacturer directly to perform the cutting, sewing, finishing, assembling, pressing or otherwise producing of any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale;
(g) "Special task force" shall mean the special task force on the apparel industry within the department; and
(h) "Labor law" shall mean the labor law of New York state. See N.Y. Labor Law 340
2. When in the course of inspections pursuant to subdivision one above: (a) To inspect books and records of manufacturers and contractors, with respect to their respective production employees, concerning the deduction and remittance to the proper authorities of all federal, state and local payroll taxes and to refer to the appropriate authorities any instance in which there is reasonable cause to believe that the payment of federal, state and local payroll taxes is being evaded; and
(b) To inspect premises of manufacturers and contractors, with respect to their respective production employees, to determine compliance with concerning state or local building codes, state or local fire codes, laws or regulations and state or local health codes, laws or regulations and to refer to the appropriate authorities any instance in which there is reasonable cause to believe that a violation of such codes, laws or regulations exists; and to immediately evacuate and close any premises deemed by a special task force investigator trained in accordance with section three hundred forty-six of this article to recognize fire code violations, to be a serious violation of the applicable fire code; and to refer such violation immediately to the appropriate local authorities; and
(c) To take action authorized by this article necessary to implement its provisions.