12 CRR-NY 70.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER I. INDUSTRIAL BOARD OF APPEALS
SUBCHAPTER B. RULES OF PROCEDURE AND PRACTICE
PART 70. APPEALS FROM MINIMUM WAGE ORDERS AND REGULATIONS UNDER SECTIONS 657 AND 676 OF LABOR LAW
12 CRR-NY 70.1
12 CRR-NY 70.1
70.1 Application.
(a) The provisions of this Part shall apply to the filing, processing, hearing, consideration and determination of an appeal from minimum wage orders and regulations pursuant to sections 657 and 676.
(b) See Part 65 of this Title for general rules of procedure and practice not specified in this Part.
(c) The State Minimum Wage Act (article 19) empowers the Commissioner of Labor to establish minimum wage orders and regulations for certain occupations in accordance with the procedure prescribed therein. Article 19-A provides that minimum wage standards shall apply to farm workers, who prior to that enactment were excluded from minimum wage regulation. Such orders and regulations are final unless appealed as provided in sections 657 and 676, respectively. Those sections accord an aggrieved party in interest the right to petition the board to determine whether such orders or regulations are contrary to law. The jurisdiction of the board to entertain such a proceeding is primary and exclusive. Its decision is final, subject to a direct appeal to the Appellate Division of the Supreme Court, Third Judicial Department, within 60 days after its decision is issued. The findings of the Commissioner of Labor, as to the facts on any appeal from the provisions of a minimum wage order or regulation, are conclusive. An appeal to the board does not stay a minimum wage order or regulation issued under the Minimum Wage Acts unless the appellant provides security or obtains a waiver of security as prescribed in section 657 or 676. The nature of an appeal from wage orders and regulations differs in material respects from an appeal of a compliance order under section 677 (see Part 71 of this Title), and from a review of an order issued under section 218 or 219 (see Part 65 of this Title).
12 CRR-NY 70.1
Current through March 15, 2022
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.