2013 New York Consolidated Laws
LAB - Labor
Article 19 - (650 - 665) MINIMUM WAGE ACT
652 - Minimum wage.

 
    § 652. Minimum wage. 1. Statutory. Every employer shall pay to each of
  its employees for each hour worked a wage of not less than:
    $4.25 on and after April 1, 1991,
    $5.15 on and after March 31, 2000,
    $6.00 on and after January 1, 2005,
    $6.75 on and after January 1, 2006,
    $7.15 on and after January 1, 2007,
    $8.00 on and after December 31, 2013,
    $8.75 on and after December 31, 2014,
    $9.00  on and after December 31, 2015, or, if greater, such other wage
  as may be established by federal law pursuant to 29 U.S.C.  section  206
  or its successors
  or  such  other  wage  as  may  be  established  in  accordance with the
  provisions of this article.
    2. Existing wage orders. The minimum wage  orders  in  effect  on  the
  effective date of this act shall remain in full force and effect, except
  as modified in accordance with the provisions of this article.
    Such  minimum  wage  orders  shall  be modified by the commissioner to
  increase all monetary amounts specified therein in the  same  proportion
  as  the  increase  in the hourly minimum wage as provided in subdivision
  one of this section, including the amounts  specified  in  such  minimum
  wage  orders  as  allowances  for  gratuities, and when furnished by the
  employer to its employees, for meals, lodging, apparel  and  other  such
  items, services and facilities. All amounts so modified shall be rounded
  off  to the nearest five cents. The modified orders shall be promulgated
  by the commissioner without a public hearing, and without reference to a
  wage board, and shall become effective on the  effective  date  of  such
  increases  in  the  minimum  wage  except  as otherwise provided in this
  subdivision, notwithstanding any other provision of this article.
    3. Non-profitmaking institutions. (a)  Application  of  article.  This
  article shall apply to non-profitmaking institutions.
    (b)  Option available to non-profitmaking institutions. The provisions
  of any wage order issued under this article shall not apply, however, to
  any non-profitmaking institution which pays and continues to pay to each
  of its employees in every occupation a wage, exclusive of allowances, of
  not less than the minimum wage  provided  in  subdivision  one  of  this
  section  provided  that such institution had certified under oath to the
  commissioner, on or before September first, nineteen hundred sixty, that
  on or before October first, nineteen hundred  sixty  it  would  pay  and
  thereafter  intended  to pay such wage to each of its employees in every
  occupation and provided further that all the provisions of this  article
  have not become applicable to such institution by operation of paragraph
  (c)  of  this  subdivision. If such institution was not organized or did
  not hire any employees as defined in subdivision  five  of  section  six
  hundred  fifty-one  of  this  chapter  before  September first, nineteen
  hundred sixty, such provisions shall not apply so  long  as,  commencing
  six  months  after it was organized, or first employed such employees it
  paid and continues to pay such wage to each of its  employees  in  every
  occupation,  provided  that such institution certified under oath within
  six months after it was organized or first employed such employees  that
  it  would  pay  and  thereafter intended to pay such wage to each of its
  employees  in  every  occupation  and  provided  further  that  all  the
  provisions   of   this  article  have  not  become  applicable  to  such
  institution by operation of paragraph (c) of this subdivision.
    (c) Termination  of  option.  All  the  provisions  of  this  article,
  including  all  of  the  provisions  of any wage order issued thereunder
  which, but for the operation of paragraph (b) of this subdivision, would
  apply to any non-profitmaking institution, shall become fully applicable

  to such institution sixty days after such  institution  files  a  notice
  with  the commissioner requesting that the provisions of such wage order
  apply to it, or immediately  upon  the  issuance  of  an  order  by  the
  commissioner  finding  that such institution has failed to pay the wages
  provided in paragraph (b) of this subdivision, but in no event shall any
  such order discharge the obligation of such institution to pay the wages
  provided by paragraph (b) of this subdivision for any  period  prior  to
  the issuance of such order.
    4.  Notwithstanding subdivisions one and two of this section, the wage
  for an employee who is a food service worker receiving tips shall  be  a
  cash  wage  of  at  least  three dollars and thirty cents per hour on or
  after March thirty-first, two thousand; three  dollars  and  eighty-five
  cents  on  or  after  January  first,  two  thousand five; at least four
  dollars and thirty-five cents on or after January  first,  two  thousand
  six;  and  at  least  four  dollars  and sixty cents on or after January
  first, two thousand seven, provided that the tips of such  an  employee,
  when added to such cash wage, are equal to or exceed the minimum wage in
  effect  pursuant to subdivision one of this section and provided further
  that no other cash wage is established pursuant to section  six  hundred
  fifty-three  of  this  article. In the event the cash wage payable under
  the Fair Labor Standards Act (29 United States Code  Sec.  203  (m),  as
  amended),  is  increased  after  enactment of this subdivision, the cash
  wage payable under this subdivision shall automatically be increased  by
  the  proportionate  increase in the cash wage payable under such federal
  law, and will be immediately enforceable as the  cash  wage  payable  to
  food service workers under this article.
    5.  Notwithstanding subdivisions one and two of this section, meal and
  lodging allowances for a food  service  worker  receiving  a  cash  wage
  amounting  to  three dollars and thirty cents per hour on or after March
  thirty-first, two thousand; three dollars and eighty-five  cents  on  or
  after  January  first,  two  thousand five; four dollars and thirty-five
  cents on or after January first, two thousand six; and four dollars  and
  sixty  cents  on  or  after January first, two thousand seven, shall not
  increase more than two-thirds of the increase  required  by  subdivision
  two  of  this section as applied to state wage orders in effect pursuant
  to subdivision one of this section.
    6. Notwithstanding subdivision two of this section and subdivision two
  of section six hundred fifty-three of this article,  a  modification  in
  the  hourly  cash  wage  or  meal and lodging credits as applied to food
  service workers and service employees paid in accordance with  Part  146
  of  Title  12  of  the  New  York  state compilation of codes, rules and
  regulations that would otherwise be based on the increases in the hourly
  minimum wage that will become effective on  December  thirty-first,  two
  thousand  thirteen,  December  thirty-first,  two  thousand fourteen and
  December thirty-first, two thousand fifteen shall  be  made  by  a  wage
  order  promulgated  by  the commissioner pursuant to section six hundred
  fifty-six of this article and provided further that, for the purposes of
  the modifications based on such increases provided  for  in  subdivision
  two of this section only, the maximum credit for tips in such wage order
  shall be modified so that such credit, when combined with the cash wage,
  is  equal  to the minimum wage. Any time after the effective date of the
  chapter  of  the  laws  of  two  thousand  thirteen  which  added   this
  subdivision, the commissioner shall appoint a wage board pursuant to the
  provision  of  subdivision one of section six hundred fifty-five of this
  article to inquire and report and recommend  any  changes  to  the  wage
  order  governing  wages payable to such food service workers and service
  employees sufficient to provide adequate maintenance and to protect  the
  health  and  livelihood  of employees subject to such a wage order. Such

  wage  board  shall  make  such  report  and   recommendations   to   the
  commissioner  within  six  months of its establishment. The commissioner
  shall  act  upon  such  report  and  recommendations  pursuant  to   the
  provisions of section six hundred fifty-six of this article.