N.Y. Labor Law § 653: Investigation of adequacy of wages

§ 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.