2023 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 up to and  until  December
31,  2022,  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.
1-a. Annual minimum wage from January 1, 2024 to December 31, 2026.
(a) New York city. Notwithstanding subdivision one  of  this  section,
every employer regardless of size shall pay to each of its employees for
each hour worked in the city of New York a wage of not less than:
$16.00 on and after January 1, 2024,
$16.50 on and after January 1, 2025,
$17.00  on  and after January 1, 2026, 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. Notwithstanding subdivision one of this
section, every employer shall pay to each of its employees for each hour
worked in the counties of Nassau, Suffolk, and Westchester,  a  wage  of
not less than:
$16.00 on and after January 1, 2024,
$16.50 on and after January 1, 2025,
$17.00  on  and after January 1, 2026, 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.  Notwithstanding  subdivision  one  of this
section, every employer shall pay to each of its employees for each hour
worked outside the city of New York and the counties of Nassau, Suffolk,
and Westchester, a wage of not less than:
$15.00 on and after January 1, 2024,
$15.50 on and after January 1, 2025,
$16.00 on and after January 1, 2026, 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.
1-b. Annual minimum wage increase  beginning  on  January  first,  two
thousand  twenty-seven.  (a)  New York city. On and after January first,
two thousand twenty-seven, every employer regardless of size  shall  pay
to each of its employees for each hour worked in the city of New York, a
wage  of  not  less  than  the  adjusted  minimum  wage rate established
annually by the commissioner. Such adjusted minimum wage rate  shall  be
determined  by  increasing  the then current year's minimum wage rate by
the rate of change in the average of the three most  recent  consecutive
twelve-month periods between the first of August and the thirty-first of
July,  each  over  their preceding twelve-month periods published by the
United States department of labor non-seasonally adjusted consumer price
index for northeast region  urban  wage  earners  and  clerical  workers

(CPI-W)  or  any  successor  index  as  calculated  by the United States
department of labor, with the result rounded to the nearest five cents.
(b)  Remainder  of downstate. On and after January first, two thousand
twenty-seven, every employer shall pay to each of its employees for each
hour worked in the counties of Nassau, Suffolk, and Westchester, a  wage
of  not less than the adjusted minimum wage rate established annually by
the commissioner. Such adjusted minimum wage rate shall be determined by
increasing the then current year's minimum wage  rate  by  the  rate  of
change  in the average of the three most recent consecutive twelve-month
periods between the first of August and the thirty-first of  July,  each
over their preceding twelve-month periods published by the United States
department of labor non-seasonally adjusted consumer price index for the
northeast  region urban wage earners and clerical workers (CPI-W) or any
successor index as calculated by the United States department of  labor,
with the result rounded to the nearest five cents.
(c)  Remainder  of  state.  On  and  after January first, two thousand
twenty-seven, 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 the adjusted minimum
wage rate  established  annually  by  the  commissioner.  Such  adjusted
minimum  wage  rate  shall  be determined by increasing the then current
year's minimum wage rate by the rate of change in  the  average  of  the
three  most recent consecutive twelve-month periods between the first of
August  and  the  thirty-first  of  July,  each  over  their   preceding
twelve-month  periods published by the United States department of labor
non-seasonally adjusted consumer price index for northeast region  urban
wage  earners  and  clerical  workers  (CPI-W) or any successor index as
calculated by the United States department of  labor,  with  the  result
rounded to the nearest five cents.
(d) Exceptions. Effective January first, two thousand twenty-seven and
thereafter,   notwithstanding  paragraphs  (a),  (b)  and  (c)  of  this
subdivision, there shall be no increase in the minimum wage in the state
for the following year if any  of  the  following  conditions  are  met,
provided,  however, that such exception shall be limited to no more than
two consecutive years:
(i) the rate of change in the average of the most recent period of the
first of August to the thirty-first of July over the preceding period of
the first of August to the thirty-first of July published by the  United
States  department of labor non-seasonally adjusted consumer price index
for the  northeast  region  urban  wage  earners  and  clerical  workers
(CPI-W),  or  any  successor  index  as  calculated by the United States
department of labor, is negative;
(ii) the three-month moving average of  the  seasonally  adjusted  New
York  state  unemployment rate as determined by the U-3 measure of labor
underutilization for the most recent period ending the  thirty-first  of
July  as  calculated  by  the United States department of labor rises by
one-half percentage point  or  more  relative  to  its  low  during  the
previous twelve months; or
(iii)  seasonally  adjusted,  total  non-farm  employment for New York
state in July, calculated by the  United  States  department  of  labor,
decreased  from  the  seasonally adjusted, total non-farm employment for
New York  state  in  April,  and  seasonally  adjusted,  total  non-farm
employment  for  New York state in July, calculated by the United States
department of labor,  decreased  from  the  seasonally  adjusted,  total
non-farm employment for New York state in January.
(e)  The commissioner shall publish the adjusted minimum wage rates no
later than the first of October of each  year  to  take  effect  on  the
following first day of January.
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 subdivisions
one, one-a, and one-b 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,  one-a, one-b, 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
subdivisions one, one-a, and one-b 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, one-a, one-b,  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 subdivisions one, one-a, and one-b 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.