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National Restaurant Association - New York Fast Food Wage Order

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New York Fast Food Wage Order

Case: National Restaurant Association v. Commissioner of Labor et al.

Status: Decided

Issue: We have been involved in protracted legal battles since 2015 over a decision by New York Gov. Andrew Cuomo’s hand-picked Fast Food Wage Board in the summer of 2015 to set a $15 wage mandate for a segment of the fast-food industry.

  • We filed an administrative appeal with the Industrial Labor Board and then a lawsuit against the New York Labor Commissioner challenging the disparity of the wage rate for certain fast-food employees versus the wage rate for all other employees.
  • We continued to press New York’s Labor Commissioner and Attorney General to withdraw the Fast Food Wage Order. Ultimately, under legal pressure from the NRA and the New York State Restaurant Association, Cuomo signed into law a budget bill that expanded the wage hike to include all workers across industries.
  • While the wage hike may still be damaging to restaurants’ ability to thrive in New York, at least we were able to level the playing field. The law also prohibits industry-specific wage boards from recommending a wage higher than $15 as the state’s wage increases take effect.

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