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National Restaurant Association - NRA argues against New York’s $15 fast food wage

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NRA argues against New York’s $15 fast food wage

The National Restaurant Association has asked the New York State Industrial Board of Appeals to "set aside" the acting labor commissioner's September decision to raise the minimum wage for fast-food employees to $15 an hour.

In a complaint filed Oct. 23, the Association said the decision was "arbitrary, capricious and contrary to law." The wage increase covers employees at quickservice chains with 30 or more locations. The Association noted New York Gov. Andrew M. Cuomo’s administration failed to include any restaurant representatives on the three-member Fast Food Wage Board that recommended the increase earlier this year.

The three-member board was composed of Buffalo Mayor Byron Brown, Mike Fishman, secretary-treasurer of the Services Employees International Union, and Kevin Ryan, chairman and founder of online retailer Gilt.

The NRA filed its appeal to void the increase on Oct. 23. Once the Industrial Board of Appeals –appointed by the governor and confirmed by the senate – rules in December, the losing side could take the case to court.

In its 26-page filing, the NRA wrote, “The statutory representation requirement is critical. Without proper representation and input from the affected industry, a wage board cannot fairly and adequately evaluate the costs, benefits, and consequences of the action it is considering.”

Angelo Amador, the NRA’s vice president of labor and workforce policy, said the association could fight the increase in court if the IBA’s ruling does not go in its favor.

"The governor may think he's going after big corporations, but he's having a negative impact on small-business owners, the job creators who are trying to keep the economy going."

The state’s minimum wage currently is $8.75 an hour. It will rise to $9 on Dec. 31.

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