NY Lab L § 655 (2021)
2021 New York Laws LAB - Labor Article 19 - Minimum Wage Act 655 - Wage Board; Procedure; Report.

§  655.  Wage  board; procedure; report.   1. Wage board. A wage board shall be composed of not more than three representatives  of  employers, an  equal  number of representatives of employees and an equal number of persons selected from  the  general  public.    The  commissioner  shall appoint  the  members of the board, the representatives of the employers and employees to be selected so  far  as  practicable  from  nominations submitted  by employers and employees in such occupation or occupations. The commissioner shall designate as the  chairman  one  of  the  members selected  from  the  general  public. The members of the board shall not receive a salary or other compensation, but shall  be  paid  actual  and necessary  traveling  expenses while engaged in the performance of their duties.   2. Organization. The chairman of the board is authorized  to  delegate to  a  panel  of  the  members, composed of an equal number of employer, employee and public members, any or all of the powers  which  the  board itself may exercise, except as otherwise provided in subdivision four of this  section.  Two-thirds of the members of the board or of a panel, as the case may be, shall constitute a quorum. The  commissioner  may  from time  to  time  formulate  rules  governing the manner in which the wage board shall function and perform its duties under this article.   3. Powers. The wage board shall have power to conduct public hearings. The board may also consult  with  employers  and  employees,  and  their respective  representatives,  in the occupation or occupations involved, and with such other persons, including the  commissioner,  as  it  shall determine.    The board shall also have power to administer oaths and to require by subpoena the attendance and testimony of witnesses,  and  the production  of  all  books,  records, and other evidence relative to any matters under inquiry. Such subpoenas shall be signed and issued by  the chairman  of  the board, or any other public member, and shall be served and have the same effect as if issued out  of  the  supreme  court.  The board shall have power to cause depositions of witnesses residing within or  without  the  state  to  be  taken in the manner prescribed for like depositions in civil actions in the supreme court. The board  shall  not be bound by common law or statutory rules of procedure or evidence.   4. Report. Within forty-five days of the appointment of the wage board to  inquire into wages in any occupation or occupations, the board shall (a) conduct public hearings and (b) submit to the commissioner a report, including its recommendations as to minimum wages  and  regulations  for the  employees  in  such  occupation  or  occupations.  The  report  and recommendations of the board shall be submitted only after a vote of not less than a majority of all its members in support of  such  report  and recommendations.  No  report  or  recommendation  of  a  panel  shall be submitted without the prior vote of not less than a majority of all  the members  of  the  board in support of such report or recommendation. The commissioner may extend up to ninety days the time in which  the  report shall be submitted.   5.  Minimum  wage recommendations. (a) The minimum wage recommended by the wage board shall not be in excess of an amount sufficient to provide adequate maintenance and to protect the health of the employees.  In  no event,  however, shall any minimum wage recommended by the board be less than the wage  specified  in  section  six  hundred  fifty-two  of  this chapter,  except (1) as expressly otherwise provided in paragraph (c) of this subdivision, and (2) where the board finds conditions of employment are such as to make an hourly rate impracticable,  in  which  event  the board may recommend a wage rate other than an hourly rate, provided that such  recommended  rate  carries  out  the  purposes of this article and safeguards the minimum wage specified in section six  hundred  fifty-two of  this  chapter.  The board may classify employments in any occupation  according to the nature of the work rendered and recommend minimum wages in accordance with such classification. The board may also  recommend  a minimum  wage  varying with localities if, in the judgment of the board, conditions make such variation appropriate.  (b)  In  addition to recommendations for minimum wages, the wage board may recommend such regulations as it deems appropriate to carry out  the purposes   of   this  article  and  to  safeguard  minimum  wages.  Such recommended regulations may include regulations defining the  exclusions from  the  term  "employee" set forth in subdivision five of section six hundred fifty-one. Such recommended regulations may  also  include,  but are  not  limited to, regulations governing piece rates, incentives, and commissions in relation to time  rates;  overtime  or  part-time  rates; waiting time and call-in pay rates; wage rate provisions governing split shift,  excessive  spread of hours and weekly guarantees; and allowances for gratuities and, when furnished by the employer to his employees, for meals, lodging, apparel and other such items, services and facilities.  (c) The wage board may also recommend,  to  the  extent  necessary  in order   to   prevent   curtailment   of  opportunities  for  employment, regulations for (1) the employment of learners  and  apprentices,  under special  certificates  issued  by  the commissioner, at such wages lower than the minimum wage established by this article and  subject  to  such limitations  as  to  time,  number,  proportion and length of service as shall  be  prescribed  in  such  regulation,  (2)  the   employment   of individuals  whose  earning capacity is affected or impaired by youth or age or by  physical  or  mental  deficiency  or  injury,  under  special certificates  issued  by  the commissioner, at such wages lower than the minimum wage established by this article and for such period as shall be prescribed in such regulation, (3) the establishment  of  a  period  not extending beyond seventeen consecutive weeks during which a resort hotel or  camp  may  employ  students under special certificates issued by the commissioner, at such wages lower than the minimum wage  established  by this  article  as  shall  be  prescribed in such regulation, and (4) the employment of residential employees in a  non-profit  making  religious, charitable or educational organization or in a non-profit making college or  university  sorority or fraternity under special certificates issued by the commissioner at such weekly wage as shall be prescribed  in  such regulation.