Last week, the New York Industrial Board of Appeals upheld the proposed $15 per hour minimum wage rate for New York fast food workers. Under the law, the minimum wage rate would increase in gradual increments to $15 per hour for New York City fast food workers. The rest of the state would see the increase by 2021.
The National Restaurant Association had claimed the proposed law was unconstitutional on the grounds that it unfairly targeted restaurants that would have to pay each worker on average $11,000.00 more each year than non fast food and retail stores. (Note, for those non fast food minimum wage employers, a $9 per hour
minimum wage rate will go into effect on December 31, 2015.). However, this argument did not carry much weight before the Industrial Board as it was soundly rejected. Even with this ruling from the Industrial Board, the National Restaurant Association has indicated they will likely take their fight to court.
As well, for those who might be interested, the Industrial Board members are appointed by the governor. The proposed $15 per hour minimum wage rate has been championed by New York Governor Andrew Cuomo's administration from the beginning. I would not necessarily call the Industrial Board's decision very surprising...
For now, this proposed law moves one step closer to becoming a reality. It is not quite there yet, but we are getting close.
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