N.Y. Labor Law 358-A – Action and injunction
§ 358-a. Action and injunction. 1. The industrial commissioner may maintain an action upon his own information or upon the complaint of a private person against any person, partnership, corporation or association, and any employee, agent, director or officer thereof who commits any act or engages in any conduct prohibited by this article. In any such action, the final judgment in favor of the plaintiff shall perpetually restrain the defendant from the commission or continuance of the act complained of. A temporary restraining order to restrain the commission or continuance thereof may be granted upon proof, by affidavit, that the defendant has violated any of the provisions of this article. The provisions of statute or rule relating generally to injunctions as provisional remedies in actions apply to such a temporary restraining order and the proceedings thereupon.
Terms Used In N.Y. Labor Law 358-A
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Industrial homeworker: means any person who manufactures in a home, in whole or in part, with or out of material furnished by an employer for industrial homework, any article or articles to be returned to such employer directly or indirectly, or to be delivered, mailed or shipped to others. See N.Y. Labor Law 350
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- making: includes preparation, alteration, repair or finishing, in whole or in part, or handling in any way. See N.Y. Labor Law 350
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation, a copartnership or a joint stock association. See N.Y. Labor Law 350
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute: A law passed by a legislature.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
2. If the industrial commissioner fails to maintain an action pursuant to subdivision one hereof within fifteen days of being notified by certified mail of such an alleged violation, any industrial homeworker or any other person, partnership, corporation or association making such mailing who is aggrieved by such alleged violation may commence such an action and seek an injunction pursuant to the provisions of statute or rule relating generally to injunctions as provisional remedies.