Restaurants
Poised to Argue Against New York's $15/ hour
Wage
New York fast
food restaurant workers to receive gradual
pay bump
An
organization representing restaurants across
the country is fighting New York's move
towards a $15/hour minimum wage for those
employed in the fast food industry. Last
week, the National Restaurant Association
filed a challenge through the Industrial
Board of Appeals in New York arguing that
the panel should throw out an order from
September passed down from the State
Department of Labor. This order would
mandate higher minimum wages at fast food
chains bringing the hourly wage up to $15.
This
change would happen over the course of
several years, gradually increasing to $15
an hour by a deadline of July in the year
2021. Those critics of the hourly wage bump
had until an October deadline to file an
official appeal.
Currently,
the minimum wage for fast food employees is
$8.75 an hour. According to a 25-page report
issued by the National Restaurant
Association, the Labor Department's move is
a veiled attempt by the Governor to enact
his own policy and bypass the State
legislature. Governor Andrew Cuomo asked for
Labor Commissioner Mario Musolino to create
a fast food wage board earlier this year.
The
purpose of the board was to evaluate the
industry and determine whether workers
within it were deserving of a higher minimum
wage. The board was made up of three members
and determined that restaurant workers be
paid $15 an hour for any counter service
restaurant that had more than 30 locations
across New York. The minimum wage will
slowly be increased over a period of five
and a half years.
Those
individuals supporting the measure believe
that it's critical to helping fast food
employees avoid poverty. Representatives
from the Governor's office argued that more
than 200,000 New York residents would be
lifted out of poverty during this move.
Others
argue that it would be an end to the
corporate policies that helped oppress fast
food workers who are essential to the
day-to-day operations of these restaurants.
The challenge filed with the Industrial
Board of Appeals is a first step towards
potential litigation. The State Board of
Appeals has five members who are appointed
by the Governor and confirmed by the Senate.
The Board will rule first on the appeal. The
losing side then has the opportunity to take
the issue to court. According to opponents
of this new law, one of the biggest
challenges is the makeup of this board which
previously did not include a representative
of the restaurant industry. Since then,
Kevin Ryan has been appointed in this
role.
Have you been subjected to
unfair employment practices like
wage theft? If so, contact one
leading New York employment lawyers at the
offices of Hepworth, Gershbaum & Roth PLLC
at
212-545-1199 or
online
to learn more about your rights.
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