§ 653. Investigation of adequacy of wages. (1) The commissioner shall
have power on his own motion to cause an investigation to be made of the
wages being paid to persons employed in any occupation or occupations to
ascertain whether the minimum wages established in accordance with the
provisions of this article are sufficient to provide adequate
maintenance and to protect the health of the persons employed in such
occupation or occupations. The commissioner shall, on the petition of
fifty or more residents of the state engaged in or affected by an
occupation or occupations sought to be investigated, cause such an
investigation of such occupation or occupations to be conducted. If, on
the basis of information in his possession with or without such an
investigation, the commissioner is of the opinion that any substantial
number of persons employed in any occupation or occupations are
receiving wages insufficient to provide adequate maintenance and to
protect their health, he shall appoint a wage board to inquire into and
report and recommend adequate minimum wages and regulations for
employees in such occupation or occupations.

(2) The commissioner shall, within six months after enactment of any
change in the statutory minimum wage set forth in subdivision one of
section six hundred fifty-two of this article, appoint a wage board to
inquire and report and recommend any changes to wage orders governing
wages payable to food service workers. Such wage board shall be
established consistent with the provisions of subdivision one of section
six hundred fifty-five of this article, except the representatives of
the employees shall be selected upon the nomination of the state
American Federation of Labor/Congress of Industrial Organizations; and
provided, further, that the representatives of the employers shall be
selected upon the nomination of the New York State Business Council. Any
wage order authorizing a lesser wage than the previously and statutorily
mandated minimum wage for such employees shall be reviewed by the wage
board to ascertain at what level such wage order is sufficient to
provide adequate maintenance and to protect the health and livelihood of
employees subject to such a wage order after a statutory increase in the
mandated minimum wage.