12 CRR-NY 71.1NY-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 71. APPEALS UNDER SECTION 677 OF THE LABOR LAW FROM MINIMUM WAGE COMPLIANCE ORDERS RELATING TO FARM WORKERS
12 CRR-NY 71.1
12 CRR-NY 71.1
71.1 Application.
(a) The provisions of this Part shall apply to the filing, processing, hearing, consideration and determination of an appeal from minimum wage compliance orders pursuant to article 19-A.
(b) See Part 65 of this Title for general rules of procedure and practice not specified in this Part.
(c) Article 19-A provides that minimum wage standards shall apply to farm workers. Minimum wage orders and regulations established by the Commissioner of Labor pursuant to articles 19 and 19-A of the Labor Law are administered and enforced by the Commissioner of Labor through the Division of Labor standards of the Department of Labor. In order to effectuate those functions, the division is required to make an initial determination respecting the interpretation and application of the provisions of an applicable wage order and regulations. If the division concludes that an employer has failed to conform with a minimum wage order or a regulation, or with a provision of article 19-A, it serves an order directing the employer to comply therewith and, when pertinent, to make payment to the Commissioner of Labor, who will disburse according to law, any underpayment of wages alleged to be due to employees named in a schedule annexed to the compliance order. If a party deems that such an order is incorrect, redress is available by filing a petition under section 677 as prescribed in this Part.
(d) The board's procedure in these matters approximates that of a judicial proceeding. Customarily, a hearing is held at which the Commissioner of Labor, represented by counsel, appears as a defending party. The hearing is de novo (original) in nature. The petitioner and the Commissioner of Labor may submit oral or documentary evidence which is material and relevant to the issues. The board will not take cognizance of any evidence submitted to any unit or division of the Department of Labor prior to the petition, unless it is introduced and accepted in the record of the proceeding or is a matter of which it may properly take official notice.
(e) The commencement of such a proceeding does not stay an order to comply involving an alleged underpayment of wages, unless the employer provides security or obtains a waiver of security as prescribed in section 657 or 676.
12 CRR-NY 71.1
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.