Enforcement

RCNY tit. 6, ch. 9, subch. C

in effect

6 RCNY § 9-20 Cure Notice.

§ 9-20 Cure Notice. (a) Prior to commencing a Case, the Department shall deliver a written notice to the applicable Covered Employer informing the Covered Employer that the Department may commence a Case unless the Covered Employer demonstrates, to the reasonable satisfaction of the Department, within 30 days, that the Covered Employer has cured its violations of the Prevailing Wage Law. The notice shall indicate that the Covered Employer may contact the Department if it wishes to settle the alleged violation(s) of the Prevailing Wage Law, and note that any settlement is at the discretion of the Department. (b) Cure may be in the form of (1) payment of back wages or the monetary value of health benefits withheld, including interest from the date of the underpayment to the Building Service Employee; (2) payment of civil penalties pursuant to the Prevailing Wage Law; (3) filing or disclosure of any records that were not filed or made available to the public; (4) reinstatement or other appropriate relief for any employee subjected to retaliation or discrimination in violation of the Prevailing Wage Law; or (5) any other relief reasonably calculated to remedy the violation of the Wage Laws. The Department may, in its discretion, extend the time for the Covered Employer to cure. (Added City Record 5/24/2016, eff. 6/23/2016)

6 RCNY § 9-21 Petition.

§ 9-21 Petition. (a) Charges in Petition. The Department shall commence Cases by service and filing of a Petition in accordance with 48 RCNY § 1-23. The Department shall concurrently serve a copy of the Petition on any employee complainants. (b) Delivery of Complaint. Concurrent with service of a Petition, the Department shall deliver copies to the Respondent of any employee complaints concerning the Respondent's alleged non-compliance with the Prevailing Wage Law. (Added City Record 5/24/2016, eff. 6/23/2016)

6 RCNY § 9-22 Settlements.

§ 9-22 Settlements. (a) General. The Department may settle a complaint at any time after it is referred to the Department. The Department is authorized to determine the terms of settlement, taking into account (1) the facts of the complaint, (2) the interests of the City in ensuring compliance with the Prevailing Wage Law, (3) the interests of the complainant(s), (4) the Covered Employer's history of compliance with the Prevailing Wage Law, (5) the size of the Covered Employer, (6) the good faith of the Covered Employer, (7) the Covered Employer's compliance with record-keeping and notice requirements, and (8) any other factors relevant to achieving a fair and reasonable settlement. Prior to settling any complaint, the Department shall provide each complainant with notice of the proposed settlement. (b) Filing of Settlement Agreements. Every agreement settling a Case, complaint or investigation shall be in writing and shall be deemed an "order" for purposes section 7 of subdivision d of the Prevailing Wage Law. (c) Complainants. The Department may settle a complaint or Case with a Covered Employer with or without the consent of the applicable complainant(s). The Department may dismiss a Case in the event the complainant refuses to accept the relief in a proposed settlement, but such dismissal shall not preclude a complainant from commencing a civil action. (d) Private Settlements. A complainant and a Covered Employer may resolve a complaint through a private settlement without authorization from the Department, but the settlement shall not preclude (1) the Department from commencing, prosecuting or settling a Case concerning the complaint or other potential violations by the Covered Employer of the Prevailing Wage Law, or (2) the City or City Economic Development Entity from enforcing its remedies under any agreement or lease with the Covered Employer. (Added City Record 5/24/2016, eff. 6/23/2016)

6 RCNY § 9-23 Order and Determination.

§ 9-23 Order and Determination. (a) Decision on the Record. Notwithstanding any provision to the contrary in 48 RCNY § 1-51.1, Administrative Law Judges shall issue a decision on the record in all Cases. Provided that no party has commenced a challenge to the decision pursuant to Article 78 of the Civil Practice Law and Rules of New York, and the time to commence such a challenge shall have expired, the decision shall constitute an "order" for purposes of this chapter and section 7 of subdivision d of the Prevailing Wage Law. (b) Judicial Challenge. If a party commences a timely challenge to a decision on the record, then the final, non-appealable disposition of the appeal, whether by order of a court of competent jurisdiction or settlement, shall constitute an "order" for purposes of this chapter and section 7 of subdivision d of the Prevailing Wage Law. (c) Entry of Order. If an order (including any settlement deemed to be an order for purposes of this chapter) sustains some or all of the charges in the Petition, and provided that (1) the Person found violating the Prevailing Wage Law has failed to comply with the payment or other terms of the order, and (2) no proceeding for judicial review is pending and the time for initiation of such proceeding has expired, the Department shall, as soon as is practicable, file a copy of the order with the clerk of the county of residence or place of business of the Respondent. (Added City Record 5/24/2016, eff. 6/23/2016)

6 RCNY § 9-24 Calculation of Back Wages.

§ 9-24 Calculation of Back Wages. If a Covered Employer has failed to maintain original Payroll Records as required by the Prevailing Wage Law, an Administrative Law Judge may determine the amount of the unpaid wages and benefits based on the Payroll Records and other evidence that are available, making reasonable inferences based upon the customary staffing practices of, and wages and benefits paid by, the Covered Employer. (Added City Record 5/24/2016, eff. 6/23/2016)

6 RCNY § 9-25 Private Right of Action.

§ 9-25 Private Right of Action. The commencement or pendency of a civil action by one or more employees of a Covered Employer for violation the Prevailing Wage Law shall not preclude the Department from commencing, prosecuting or settling a Case against the Covered Employer based upon some or all of the same violations. (Added City Record 5/24/2016, eff. 6/23/2016)

6 RCNY § 9-26 Other Appropriate Relief.

§ 9-26 Other Appropriate Relief. For purposes of section 4 of subdivision d of the Prevailing Wage Law, "other appropriate relief" shall include an order to (i) reinstate an employee or offer the employee a position comparable to their former position, (ii) reverse any adverse employment action, including demotion, reassignment or reduction in hours, (iii) cease retaliatory practices and institute measures to prevent such conduct in the future, (iv) pay the wages and, if applicable, the monetary equivalent of the benefits that the employee subjected to retaliation or discrimination would have been granted or paid but for the adverse employment actions by the Covered Employer, or (v) pay additional amounts to the extent necessary to compensate employees for additional tax liability resulting from a lump sum payment of back wages in a single year. (Added City Record 5/24/2016, eff. 6/23/2016)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-97934Fetched: 10/24/2026