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SECTION 652
Minimum wage
Labor (LAB) CHAPTER 31, ARTICLE 19
§ 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.