Section 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, 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.
    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.
    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 three dollars and thirty  cents  per  hour  on  or
  after  March  thirty-first,  two thousand; three dollars and eighty-five
  cents on or after January  first,  two  thousand  five;  at  least  four
  dollars  and  thirty-five  cents on or after January first, two thousand
  six; and at least four dollars and  sixty  cents  on  or  after  January
  first,  two  thousand seven, 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. In the event the cash  wage  payable  under
  the  Fair  Labor  Standards  Act (29 United States Code Sec. 203 (m), as
  amended), is increased after enactment of  this  subdivision,  the  cash
  wage  payable under this subdivision shall automatically be increased by
  the proportionate increase in the cash wage payable under  such  federal
  law,  and  will  be  immediately enforceable as the cash wage payable to
  food service workers under this article.
    5. Notwithstanding subdivisions one and two of this section, meal  and
  lodging  allowances  for  a  food  service  worker receiving a cash wage
  amounting to three dollars and thirty cents per hour on or  after  March
  thirty-first,  two  thousand;  three dollars and eighty-five cents on or
  after January first, two thousand five;  four  dollars  and  thirty-five
  cents  on or after January first, two thousand six; and four dollars and
  sixty cents on or after January first, two  thousand  seven,  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.