40-165.4.

§40-165.4.

    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.