§ 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.