N.Y. Lab. Law § 652

§ 652. Minimum wage. 1. Statutory. Every employer shall pay to each of\nits employees for each hour worked a wage of not less than:\n $4.25 on and after April 1, 1991,\n $5.15 on and after March 31, 2000,\n $6.00 on and after January 1, 2005,\n $6.75 on and after January 1, 2006,\n $7.15 on and after January 1, 2007,\n $8.00 on and after December 31, 2013,\n $8.75 on and after December 31, 2014,\n $9.00 on and after December 31, 2015, or, if greater, such other wage\nas may be established by federal law pursuant to 29 U.S.C. section 206\nor its successors\nor such other wage as may be established in accordance with the\nprovisions of this article.\n 2. Existing wage orders. The minimum wage orders in effect on the\neffective date of this act shall remain in full force and effect, except\nas modified in accordance with the provisions of this article.\n Such minimum wage orders shall be modified by the commissioner to\nincrease all monetary amounts specified therein in the same proportion\nas the increase in the hourly minimum wage as provided in subdivision\none of this section, including the amounts specified in such minimum\nwage orders as allowances for gratuities, and when furnished by the\nemployer to its employees, for meals, lodging, apparel and other such\nitems, services and facilities. All amounts so modified shall be rounded\noff to the nearest five cents. The modified orders shall be promulgated\nby the commissioner without a public hearing, and without reference to a\nwage board, and shall become effective on the effective date of such\nincreases in the minimum wage except as otherwise provided in this\nsubdivision, notwithstanding any other provision of this article.\n 3. Non-profitmaking institutions. (a) Application of article. This\narticle shall apply to non-profitmaking institutions.\n (b) Option available to non-profitmaking institutions. The provisions\nof any wage order issued under this article shall not apply, however, to\nany non-profitmaking institution which pays and continues to pay to each\nof its employees in every occupation a wage, exclusive of allowances, of\nnot less than the minimum wage provided in subdivision one of this\nsection provided that such institution had certified under oath to the\ncommissioner, on or before September first, nineteen hundred sixty, that\non or before October first, nineteen hundred sixty it would pay and\nthereafter intended to pay such wage to each of its employees in every\noccupation and provided further that all the provisions of this article\nhave not become applicable to such institution by operation of paragraph\n(c) of this subdivision. If such institution was not organized or did\nnot hire any employees as defined in subdivision five of section six\nhundred fifty-one of this chapter before September first, nineteen\nhundred sixty, such provisions shall not apply so long as, commencing\nsix months after it was organized, or first employed such employees it\npaid and continues to pay such wage to each of its employees in every\noccupation, provided that such institution certified under oath within\nsix months after it was organized or first employed such employees that\nit would pay and thereafter intended to pay such wage to each of its\nemployees in every occupation and provided further that all the\nprovisions of this article have not become applicable to such\ninstitution by operation of paragraph (c) of this subdivision.\n (c) Termination of option. All the provisions of this article,\nincluding all of the provisions of any wage order issued thereunder\nwhich, but for the operation of paragraph (b) of this subdivision, would\napply to any non-profitmaking institution, shall become fully applicable\nto such institution sixty days after such institution files a notice\nwith the commissioner requesting that the provisions of such wage order\napply to it, or immediately upon the issuance of an order by the\ncommissioner finding that such institution has failed to pay the wages\nprovided in paragraph (b) of this subdivision, but in no event shall any\nsuch order discharge the obligation of such institution to pay the wages\nprovided by paragraph (b) of this subdivision for any period prior to\nthe issuance of such order.\n 4. Notwithstanding subdivisions one and two of this section, the wage\nfor an employee who is a food service worker receiving tips shall be a\ncash wage of at least three dollars and thirty cents per hour on or\nafter March thirty-first, two thousand; three dollars and eighty-five\ncents on or after January first, two thousand five; at least four\ndollars and thirty-five cents on or after January first, two thousand\nsix; and at least four dollars and sixty cents on or after January\nfirst, two thousand seven, provided that the tips of such an employee,\nwhen added to such cash wage, are equal to or exceed the minimum wage in\neffect pursuant to subdivision one of this section and provided further\nthat no other cash wage is established pursuant to section six hundred\nfifty-three of this article. In the event the cash wage payable under\nthe Fair Labor Standards Act (29 United States Code Sec. 203 (m), as\namended), is increased after enactment of this subdivision, the cash\nwage payable under this subdivision shall automatically be increased by\nthe proportionate increase in the cash wage payable under such federal\nlaw, and will be immediately enforceable as the cash wage payable to\nfood service workers under this article.\n 5. Notwithstanding subdivisions one and two of this section, meal and\nlodging allowances for a food service worker receiving a cash wage\namounting to three dollars and thirty cents per hour on or after March\nthirty-first, two thousand; three dollars and eighty-five cents on or\nafter January first, two thousand five; four dollars and thirty-five\ncents on or after January first, two thousand six; and four dollars and\nsixty cents on or after January first, two thousand seven, shall not\nincrease more than two-thirds of the increase required by subdivision\ntwo of this section as applied to state wage orders in effect pursuant\nto subdivision one of this section.\n 6. Notwithstanding subdivision two of this section and subdivision two\nof section six hundred fifty-three of this article, a modification in\nthe hourly cash wage or meal and lodging credits as applied to food\nservice workers and service employees paid in accordance with Part 146\nof Title 12 of the New York state compilation of codes, rules and\nregulations that would otherwise be based on the increases in the hourly\nminimum wage that will become effective on December thirty-first, two\nthousand thirteen, December thirty-first, two thousand fourteen and\nDecember thirty-first, two thousand fifteen shall be made by a wage\norder promulgated by the commissioner pursuant to section six hundred\nfifty-six of this article and provided further that, for the purposes of\nthe modifications based on such increases provided for in subdivision\ntwo of this section only, the maximum credit for tips in such wage order\nshall be modified so that such credit, when combined with the cash wage,\nis equal to the minimum wage. Any time after the effective date of the\nchapter of the laws of two thousand thirteen which added this\nsubdivision, the commissioner shall appoint a wage board pursuant to the\nprovision of subdivision one of section six hundred fifty-five of this\narticle to inquire and report and recommend any changes to the wage\norder governing wages payable to such food service workers and service\nemployees sufficient to provide adequate maintenance and to protect the\nhealth and livelihood of employees subject to such a wage order. Such\nwage board shall make such report and recommendations to the\ncommissioner within six months of its establishment. The commissioner\nshall act upon such report and recommendations pursuant to the\nprovisions of section six hundred fifty-six of this article.\n