N.Y. Laws » CHAPTER Labor / ARTICLE Minimum Wage Act
New York Consolidated Laws

N.Y. Labor Law § 653 (2026)

Investigation of adequacy of wages

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 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.
Notes of Decisions
Cited in 7 cases, 1999–2016 · leading case: Rocha v. Bakhter Afghan Halal Kababs, Inc., 44 F. Supp. 3d 337 (E.D.N.Y. 2014).
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Rocha v. Bakhter Afghan Halal Kababs, Inc., 44 F. Supp. 3d 337 (E.D.N.Y. 2014). · cites it 2× “health,” then the Commissioner is directed to “appoint a wage board to inquire into and report and recommend adequate minimum wages and regulations for employees” N.Y. Lab. L. § 653 (1). Section 655 of the statute also provides that “[i]n addition to recommendations for minimum…”
New York State Restaurant Ass'n v. Comm'r of Labor, 45 A.D.3d 1133 (N.Y. App. Div. 3d Dep't 2007). · cites it 3× “Labor Law § 653 (2) was also amended to require that respondent Commissioner of Labor, within six months of enactment of any change in the general minimum hourly wage provision, Labor Law § 652 (1), appoint a wage board to report and recommend any necessary changes to “wage…”
Ballard v. Cmty. Home Care Referral Serv., Inc., 264 A.D.2d 747 (N.Y. App. Div. 2d Dep't 1999). “Instead, Labor Law § 653 specifically provides that the Commissioner of Labor has the power to investigate the sufficiency of the minimum wage, and if the Commissioner is of the opinion that the minimum wage is insufficient, he must appoint a wage board to inquire into and…”
Lai Chan v. Chinese-Am. Plan. Council Home Attendant Prog., Inc., 50 Misc. 3d 201 (N.Y. Sup. Ct. 2015). “4 (count 3), wages due and attorneys’ fees, costs, and interest under Labor Law § 653 (count 4), and failure to comply with proper notification requirements set forth in Labor Law §§ 195 and 661, and 12 NYCRR 142-3.”
Nat'l Restaurant Ass'n v. Comm'r of Labor, 141 A.D.3d 185 (N.Y. App. Div. 3d Dep't 2016). · cites it 2× “are receiving wages insufficient to provide adequate maintenance and to protect their health,” and stating bis intent to “appoint a wage board to inquire into and report and recommend adequate minimum wages and regulations for” those workers {see Labor Law § 653 [1]). The…”
Nat'l Restaurant Ass'n v. Comm'r of Labor, 141 A.D.3d 185 (N.Y. App. Div. 3d Dep't 2016). · cites it 2× “are receiving wages insufficient to provide adequate maintenance and to protect their health,” and stating bis intent to “appoint a wage board to inquire into and report and recommend adequate minimum wages and regulations for” those workers {see Labor Law § 653 [1]). The…”
Edwards v. Jet Blue Airways Corp., 19 Misc. 3d 345 (N.Y. Sup. Ct. 2008). · cites it 2× “As part of the act, Labor Law § 653 allows the Commissioner of Labor to appoint a Wage Board to investigate the adequacy of wages and recommend appropriate wage rates.”
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