NY Lab L § 652 (2021)
2021 New York Laws LAB - Labor Article 19 - 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, and until December 31, 2016, 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.  (a) New York City. (i) Large employers. Every employer  of  eleven  or more  employees  shall pay to each of its employees for each hour worked in the city of New York a wage of not less than:   $11.00 per hour on and after December 31, 2016,   $13.00 per hour on and after December 31, 2017,   $15.00 per hour on and after December 31, 2018, 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.  (ii)  Small  employers.  Every employer of ten or less employees shall pay to each of its employees for each hour worked in  the  city  of  New York a wage of not less than:   $10.50 per hour on and after December 31, 2016,   $12.00 per hour on and after December 31, 2017,   $13.50 per hour on and after December 31, 2018,   $15.00  per  hour on and after December 31, 2019, 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.  (b) Remainder of downstate. Every employer shall pay to  each  of  its employees  for  each  hour worked in the counties of Nassau, Suffolk and Westchester a wage not less than:   $10.00 per hour on and after December 31, 2016,   $11.00 per hour on and after December 31, 2017,   $12.00 per hour on and after December 31, 2018,   $13.00 per hour on and after December 31, 2019,   $14.00 per hour on and after December 31, 2020,   $15.00 per hour on and after December 31, 2021,   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.  (c) Remainder of state. Every  employer  shall  pay  to  each  of  its employees  for  each hour worked outside of the city of New York and the counties of Nassau, Suffolk, and Westchester, a wage of not less than:   $9.70 on and after December 31, 2016,   $10.40 on and after December 31, 2017,   $11.10 on and after December 31, 2018,   $11.80 on and after December 31, 2019,   $12.50 on and after December 31, 2020,   and on each following December thirty-first, a wage published  by  the commissioner  on  or  before  October  first,  based on the then current minimum wage increased by a percentage determined by the director of the budget in consultation with the commissioner, with the result rounded to the nearest five cents, totaling no more than fifteen dollars, where the  percentage increase shall be based on indices including, but not limited to, (i) the rate of inflation for the most recent  twelve  month  period ending June of that year based on the consumer price index for all urban consumers  on  a  national and seasonally unadjusted basis (CPI-U), or a successor index as calculated by the United States department of  labor, (ii)  the  rate  of  state personal income growth for the prior calendar year, or a successor index, published by the bureau of economic analysis of the United States department of commerce, or (iii) wage  growth;  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.  (d)  The  rates and schedules established in paragraphs (a) and (b) of this subdivision shall not be deemed to be the minimum wage  under  this subdivision  for  purposes of the calculations specified in subdivisions one and two of section five hundred twenty-seven of this chapter.   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; provided, however,  that  the minimum wage order for farm workers codified at part one hundred ninety of title twelve of the New York  code  of  rules  and regulations  in  effect  on  January first, two thousand twenty shall be deemed to be a wage order established and adopted under this article and shall remain in full force and effect except as modified  in  accordance with  the  provisions  of  this  article  or  article nineteen-A of this chapter.   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 two-thirds of the minimum wage rates set forth  in subdivision  one  of  this section, rounded to the nearest five cents or seven dollars and fifty cents, whichever is higher,  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.   5. Notwithstanding subdivisions one and two of this section, meal  and lodging  allowances  for  a  food  service  worker receiving a cash wage pursuant to subdivision four of this section  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 one of this section, and sections six hundred fifty-three and six hundred fifty-five of this  article,  on  or after  January  first,  two  thousand  nineteen,  and each January first thereafter until such time as the minimum wage is fifteen dollars in all areas of the state, the division of budget shall conduct an analysis  of the  state  of the economy in each region, and the effect of the minimum wage increases listed in this section, to determine whether there should be a temporary suspension  or  delay  in  any  scheduled  increases.  In conducting  its  analysis,  the  division  of  budget  shall consult the department, the department's division of research  and  statistics,  the United  States department of labor, the federal reserve bank of New York and other economic  experts.  The  division  of  budget  will  reference well-established   economic   indexes  and  accepted  economic  factors, including those set forth in section  six  hundred  fifty-four  of  this article,  to  justify  and  explain  its  decision. After reviewing such indexes and factors, the  division  shall  determine  whether  scheduled increases in the minimum wage shall continue up to and including fifteen dollars.  The  division of budget will issue a report and recommendation to  the  commissioner,  who  shall  take  action  on  that  report   and recommendation  pursuant  to  section  six  hundred  fifty-six  of  this article.