92 A.D.2d 729 | N.Y. App. Div. | 1983
Order unanimously affirmed, without costs. Memorandum: Plaintiffs, contract athletes who formerly played soccer for a now defunct team known as the Rochester Lancers which was owned by a corporation, Blue and Gold Ltd., commenced this action for unpaid wages under sections 198-a and 198-c of the Labor Law against defendant, the president of the corporation. Special Term granted the motion to dismiss the complaint for failure to state a cause of action. We agree. Article 6 of the Labor Law (§ 190 et seq.) provides the means by which employees may statutorily compel employers to pay wages and other benefits rightfully owing (see Labor Law, §§ 197, 198). Section 198-a, entitled “Criminal penalties”, provides: “Every employer who does not pay the wages of all of his employees * * * and the officers and agents of any corporation who knowingly permit the corporation to violate this chapter * * * are guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one hundred nor more than ten thousand dollars or imprisoned for not more than one year” or both. Section 198-c of the Labor Law, dealing with the payment of benefits or wage supplements, is to the same effect. We agree with defendant that the complaint should be dismissed. We find nothing in section 198-a of the Labor Law, which provides only for penal sanctions against officers and agents of corporations, suggesting that the Legislature intended that the section