In case of a bona fide disagreement over the amount of wages, the employer shall give written notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the time required by Sections 165.2 and 165.3 of this title; provided, however, that acceptance by the employee of any payment made hereunder shall not constitute a release as to the balance of his claim. Payment in accordance with this section shall constitute payment for the purposes of complying with Sections 165.2 and 165.3 of this title, if, but only if, there exists a bona fide disagreement over the amount of wages.

The Commissioner may set the contested amounts for administrative hearing pursuant to Section 3 of this act.

Added by Laws 1955, p. 241, § 4, emerg. eff. June 6, 1955; Amended by Laws 1993, c. 263, § 2, emerg. eff. May 27, 1993.