Section 653. Investigation of adequacy of wages  


Latest version.
  • (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.