This Part shall apply to all employees, as such term is defined in this Part, except:
(a) employees who are covered by minimum wage standards in any other minimum wage order promulgated by the commissioner; and
(b) employees of a nonprofitmaking institution which has elected to be exempt from coverage under a minimum wage order, pursuant to subdivision 3 of section 652 of the Minimum Wage Act.
N.Y. Comp. Codes R. & Regs. Tit. 12 § 142-1.1
Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff.12/31/2016