N.Y. Lab. Law § 652

§ 652. Minimum wage. 1. Statutory. Every employer shall pay to each\nof its 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, and until December 31, 2016, or,\nif greater, such other wage as may be established by federal law\npursuant to 29 U.S.C. section 206 or its successors\nor such other wage as may be established in accordance with the\nprovisions of this article.\n (a) New York City. (i) Large employers. Every employer of eleven or\nmore employees shall pay to each of its employees for each hour worked\nin the city of New York a wage of not less than:\n $11.00 per hour on and after December 31, 2016,\n $13.00 per hour on and after December 31, 2017,\n $15.00 per hour on and after December 31, 2018, or, if greater, such\nother wage as may be established by federal law pursuant to 29 U.S.C.\nsection 206 or its successors or such other wage as may be established\nin accordance with the provisions of this article.\n (ii) Small employers. Every employer of ten or less employees shall\npay to each of its employees for each hour worked in the city of New\nYork a wage of not less than:\n $10.50 per hour on and after December 31, 2016,\n $12.00 per hour on and after December 31, 2017,\n $13.50 per hour on and after December 31, 2018,\n $15.00 per hour on and after December 31, 2019, or, if greater, such\nother wage as may be established by federal law pursuant to 29 U.S.C.\nsection 206 or its successors or such other wage as may be established\nin accordance with the provisions of this article.\n (b) Remainder of downstate. Every employer shall pay to each of its\nemployees for each hour worked in the counties of Nassau, Suffolk and\nWestchester a wage not less than:\n $10.00 per hour on and after December 31, 2016,\n $11.00 per hour on and after December 31, 2017,\n $12.00 per hour on and after December 31, 2018,\n $13.00 per hour on and after December 31, 2019,\n $14.00 per hour on and after December 31, 2020,\n $15.00 per hour on and after December 31, 2021,\n or, if greater, such other wage as may be established by federal law\npursuant to 29 U.S.C. section 206 or its successors or such other wage\nas may be established in accordance with the provisions of this article.\n (c) Remainder of state. Every employer shall pay to each of its\nemployees for each hour worked outside of the city of New York and the\ncounties of Nassau, Suffolk, and Westchester, a wage of not less than:\n $9.70 on and after December 31, 2016,\n $10.40 on and after December 31, 2017,\n $11.10 on and after December 31, 2018,\n $11.80 on and after December 31, 2019,\n $12.50 on and after December 31, 2020,\n and on each following December thirty-first, a wage published by the\ncommissioner on or before October first, based on the then current\nminimum wage increased by a percentage determined by the director of the\nbudget in consultation with the commissioner, with the result rounded to\nthe nearest five cents, totaling no more than fifteen dollars, where the\npercentage increase shall be based on indices including, but not limited\nto, (i) the rate of inflation for the most recent twelve month period\nending June of that year based on the consumer price index for all urban\nconsumers on a national and seasonally unadjusted basis (CPI-U), or a\nsuccessor index as calculated by the United States department of labor,\n(ii) the rate of state personal income growth for the prior calendar\nyear, or a successor index, published by the bureau of economic analysis\nof the United States department of commerce, or (iii) wage growth; or,\nif greater, such other wage as may be established by federal law\npursuant to 29 U.S.C. section 206 or its successors or such other wage\nas may be established in accordance with the provisions of this article.\n (d) The rates and schedules established in paragraphs (a) and (b) of\nthis subdivision shall not be deemed to be the minimum wage under this\nsubdivision for purposes of the calculations specified in subdivisions\none and two of section five hundred twenty-seven of this chapter.\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 two-thirds of the minimum wage rates set forth in\nsubdivision one of this section, rounded to the nearest five cents or\nseven dollars and fifty cents, whichever is higher, provided that the\ntips of such an employee, when added to such cash wage, are equal to or\nexceed the minimum wage in effect pursuant to subdivision one of this\nsection and provided further that no other cash wage is established\npursuant to section six hundred fifty-three of 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\npursuant to subdivision four of this section shall not increase more\nthan two-thirds of the increase required by subdivision two of this\nsection as applied to state wage orders in effect pursuant to\nsubdivision one of this section.\n 6. Notwithstanding subdivision one of this section, and sections six\nhundred fifty-three and six hundred fifty-five of this article, on or\nafter January first, two thousand nineteen, and each January first\nthereafter until such time as the minimum wage is fifteen dollars in all\nareas of the state, the division of budget shall conduct an analysis of\nthe state of the economy in each region, and the effect of the minimum\nwage increases listed in this section, to determine whether there should\nbe a temporary suspension or delay in any scheduled increases. In\nconducting its analysis, the division of budget shall consult the\ndepartment, the department's division of research and statistics, the\nUnited States department of labor, the federal reserve bank of New York\nand other economic experts. The division of budget will reference\nwell-established economic indexes and accepted economic factors,\nincluding those set forth in section six hundred fifty-four of this\narticle, to justify and explain its decision. After reviewing such\nindexes and factors, the division shall determine whether scheduled\nincreases in the minimum wage shall continue up to and including fifteen\ndollars. The division of budget will issue a report and recommendation\nto the commissioner, who shall take action on that report and\nrecommendation pursuant to section six hundred fifty-six of this\narticle.\n