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 up to and until December\n31, 2022, a wage published by the commissioner on or before October\nfirst, based on the then current minimum wage increased by a percentage\ndetermined by the director of the budget in consultation with the\ncommissioner, with the result rounded to the nearest five cents,\ntotaling no more than fifteen dollars, where the percentage increase\nshall be based on indices including, but not limited to, (i) the rate of\ninflation for the most recent twelve month period ending June of that\nyear based on the consumer price index for all urban consumers on a\nnational and seasonally unadjusted basis (CPI-U), or a successor index\nas calculated by the United States department of labor, (ii) the rate of\nstate personal income growth for the prior calendar year, or a successor\nindex, published by the bureau of economic analysis of the United States\ndepartment of commerce, or (iii) wage growth; or, if greater, such other\nwage as may be established by federal law pursuant to 29 U.S.C. section\n206 or its successors or such other wage as may be established in\naccordance 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 1-a. Annual minimum wage from January 1, 2024 to December 31, 2026.\n (a) New York city. Notwithstanding subdivision one of this section,\nevery employer regardless of size shall pay to each of its employees for\neach hour worked in the city of New York a wage of not less than:\n $16.00 on and after January 1, 2024,\n $16.50 on and after January 1, 2025,\n $17.00 on and after January 1, 2026, or, if greater, such other wage\nas may be established by federal law pursuant to 29 U.S.C. section 206\nor its successors or such other wage as may be established in accordance\nwith the provisions of this article.\n (b) Remainder of downstate. Notwithstanding subdivision one of this\nsection, every employer shall pay to each of its employees for each hour\nworked in the counties of Nassau, Suffolk, and Westchester, a wage of\nnot less than:\n $16.00 on and after January 1, 2024,\n $16.50 on and after January 1, 2025,\n $17.00 on and after January 1, 2026, or, if greater, such other wage\nas may be established by federal law pursuant to 29 U.S.C. section 206\nor its successors or such other wage as may be established in accordance\nwith the provisions of this article.\n (c) Remainder of state. Notwithstanding subdivision one of this\nsection, every employer shall pay to each of its employees for each hour\nworked outside the city of New York and the counties of Nassau, Suffolk,\nand Westchester, a wage of not less than:\n $15.00 on and after January 1, 2024,\n $15.50 on and after January 1, 2025,\n $16.00 on and after January 1, 2026, or, if greater, such other wage\nas may be established by federal law pursuant to 29 U.S.C. section 206\nor its successors or such other wage as may be established in accordance\nwith the provisions of this article.\n 1-b. Annual minimum wage increase beginning on January first, two\nthousand twenty-seven. (a) New York city. On and after January first,\ntwo thousand twenty-seven, every employer regardless of size shall pay\nto each of its employees for each hour worked in the city of New York, a\nwage of not less than the adjusted minimum wage rate established\nannually by the commissioner. Such adjusted minimum wage rate shall be\ndetermined by increasing the then current year's minimum wage rate by\nthe rate of change in the average of the three most recent consecutive\ntwelve-month periods between the first of August and the thirty-first of\nJuly, each over their preceding twelve-month periods published by the\nUnited States department of labor non-seasonally adjusted consumer price\nindex for northeast region urban wage earners and clerical workers\n(CPI-W) or any successor index as calculated by the United States\ndepartment of labor, with the result rounded to the nearest five cents.\n (b) Remainder of downstate. On and after January first, two thousand\ntwenty-seven, every employer shall pay to each of its employees for each\nhour worked in the counties of Nassau, Suffolk, and Westchester, a wage\nof not less than the adjusted minimum wage rate established annually by\nthe commissioner. Such adjusted minimum wage rate shall be determined by\nincreasing the then current year's minimum wage rate by the rate of\nchange in the average of the three most recent consecutive twelve-month\nperiods between the first of August and the thirty-first of July, each\nover their preceding twelve-month periods published by the United States\ndepartment of labor non-seasonally adjusted consumer price index for the\nnortheast region urban wage earners and clerical workers (CPI-W) or any\nsuccessor index as calculated by the United States department of labor,\nwith the result rounded to the nearest five cents.\n (c) Remainder of state. On and after January first, two thousand\ntwenty-seven, every employer shall pay to each of its employees for each\nhour worked outside of the city of New York and the counties of Nassau,\nSuffolk, and Westchester a wage of not less than the adjusted minimum\nwage rate established annually by the commissioner. Such adjusted\nminimum wage rate shall be determined by increasing the then current\nyear's minimum wage rate by the rate of change in the average of the\nthree most recent consecutive twelve-month periods between the first of\nAugust and the thirty-first of July, each over their preceding\ntwelve-month periods published by the United States department of labor\nnon-seasonally adjusted consumer price index for northeast region urban\nwage earners and clerical workers (CPI-W) or any successor index as\ncalculated by the United States department of labor, with the result\nrounded to the nearest five cents.\n (d) Exceptions. Effective January first, two thousand twenty-seven and\nthereafter, notwithstanding paragraphs (a), (b) and (c) of this\nsubdivision, there shall be no increase in the minimum wage in the state\nfor the following year if any of the following conditions are met,\nprovided, however, that such exception shall be limited to no more than\ntwo consecutive years:\n (i) the rate of change in the average of the most recent period of the\nfirst of August to the thirty-first of July over the preceding period of\nthe first of August to the thirty-first of July published by the United\nStates department of labor non-seasonally adjusted consumer price index\nfor the northeast region urban wage earners and clerical workers\n(CPI-W), or any successor index as calculated by the United States\ndepartment of labor, is negative;\n (ii) the three-month moving average of the seasonally adjusted New\nYork state unemployment rate as determined by the U-3 measure of labor\nunderutilization for the most recent period ending the thirty-first of\nJuly as calculated by the United States department of labor rises by\none-half percentage point or more relative to its low during the\nprevious twelve months; or\n (iii) seasonally adjusted, total non-farm employment for New York\nstate in July, calculated by the United States department of labor,\ndecreased from the seasonally adjusted, total non-farm employment for\nNew York state in April, and seasonally adjusted, total non-farm\nemployment for New York state in July, calculated by the United States\ndepartment of labor, decreased from the seasonally adjusted, total\nnon-farm employment for New York state in January.\n (e) The commissioner shall publish the adjusted minimum wage rates no\nlater than the first of October of each year to take effect on the\nfollowing first day of January.\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; provided,\nhowever, that the minimum wage order for farm workers codified at part\none hundred ninety of title twelve of the New York code of rules and\nregulations in effect on January first, two thousand twenty shall be\ndeemed to be a wage order established and adopted under this article and\nshall remain in full force and effect except as modified in accordance\nwith the provisions of this article or article nineteen-A of this\nchapter.\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 subdivisions\none, one-a, and one-b of this section, including the amounts specified\nin such minimum wage orders as allowances for gratuities, and when\nfurnished by the employer to its employees, for meals, lodging, apparel\nand other such items, services and facilities. All amounts so modified\nshall be rounded off to the nearest five cents. The modified orders\nshall be promulgated by the commissioner without a public hearing, and\nwithout reference to a wage board, and shall become effective on the\neffective date of such increases in the minimum wage except as otherwise\nprovided in this subdivision, notwithstanding any other provision of\nthis 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, one-a, one-b, and two of this\nsection, the wage for an employee who is a food service worker receiving\ntips shall be a cash wage of at least two-thirds of the minimum wage\nrates set forth in subdivision one of this section, rounded to the\nnearest five cents or seven dollars and fifty cents, whichever is\nhigher, provided that the tips of such an employee, when added to such\ncash wage, are equal to or exceed the minimum wage in effect pursuant to\nsubdivisions one, one-a, and one-b of this section and provided further\nthat no other cash wage is established pursuant to section six hundred\nfifty-three of this article.\n 5. Notwithstanding subdivisions one, one-a, one-b, and two of this\nsection, meal and lodging allowances for a food service worker receiving\na cash wage pursuant to subdivision four of this section 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 subdivisions one, one-a, and one-b 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