2023 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.