New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter B - Rules Of Procedure And Practice
Part 65 - Procedure And Practice
Subpart C - Documents, pleadings, and motions
Section 65.31 - Stays
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The filing of a petition may, at the discretion of the Board, operate to stay all proceedings against the petitioner under such order, determination, rule, or regulation until the determination of such petition. Such discretion may be exercised, if at all, upon written application therefor, which application shall be supported by affidavits, documentary evidence, or other evidence demonstrating the necessity for such stay, the financial responsibility of the applicant when relevant, and that the grant of such stay will not unduly prejudice any employee, the public or the Department of Labor. The Commissioner of Labor shall have such opportunity as the Board shall deem reasonable and sufficient to object to or oppose the application for a stay.
(b) Application for a stay of enforcement of an order issued under Labor Law § 200 shall be granted or denied by the Board within 72 hours after the filing of the application.
(c) A stay of enforcement of a minimum wage compliance order requires the posting of security or the obtaining of a waiver of security as provided for in Labor Law § 657. The application shall be made in the manner provided in rule 71.10 of these rules.
(d) Upon the filing of an application for a stay of enforcement of an order issued under Labor Law § 27-a, a hearing officer, designated by the Board, shall promptly schedule an onsite inspection to be attended by representatives of the applicant, of the affected employees and of the Commissioner of Labor. After inspecting the condition or conditions on which the alleged violation is based, and after hearing the representatives of the applicant, of the employees and of the Commissioner of Labor, the hearing officer shall report promptly to the Board. The hearing officer's report shall also include the application, any writings or documents submitted in connection with the application, and such other material as the hearing officer may deem appropriate. The Board may deny such application or may grant the same to such an extent and upon such terms and conditions as the Board shall determine.
(e) The granting of a stay does not affect the general enforcement of an order, determination, rule or regulation against anyone who has not filed a petition.
