WB Decisions

Docket Number Date Issued Case Name Decision Summary
WB 20-001 4/10/2020 The Korean-American Nail Salon Associated of New York, Inc.

Withdrawal of the petition pursuant to Labor Law § 657 to review an Order to Engage in Rulemaking to Modify the Minimum Wage Order for Miscellaneous Industries is approved without prejudice.

WB 17-002 1/23/2018 Chinese Staff and Workers Association, National Mobilization Against Sweatshops, and Ignacia Reyes Petition pursuant to Labor Law § 657 to review emergency rulemaking that added language to the Minimum Wage Order for Miscellaneous Industries and Occupations denied because the Board does not have jurisdiction over the emergency rulemaking.
WB 17-001 3/24/2017 Community Housing Improvement Program, Inc. Petition to review December 2016 modified minimum wage order for building service industry dismissed. Minimum wage order not contrary to law where building service industry apartment allowance, specified as value of rental rates as of June 1, 1975, not monetary amount respondent must proportionally raise pursuant to Labor Law 652 (2) when legislature increases minimum wage.
WB 15-001 12/9/2015 National Restaurant Association Order on report and recommendation of 2015 fast food wage board confirmed; respondent followed prescribed statutory process and did not act contrary to law. 2015 fast food wage board properly constituted, wage order itself appropriate and requisite analysis of employee-focused factors for when to raise minimum wage undertaken. Findings are final, and not subject to Board review except to extent Board finds sufficient basis for findings in record. Wage order did not violate separation-of-powers doctrine because State legislature delegated to Commissioner of Labor authority to investigate adequacy or inadequacy of wages in occupations, and to appoint wage boards with express purpose of making recommendations to Commissioner. Argument that wage order unconstitutional not properly before Board because Board has no procedure available by which to make its own findings of fact on constitutional issues raised, and where minimum wage order will not be effective during pendency of Board appeal.