National Restaurant Association Appeals
Recent Fast Food Wage Order
Group claims ruling is unconstitutional and
imposes unfair hardship upon fast-food
chains
A recent ruling by the Department of Labor
increasing the minimum wage for fast-food
workers has come under fire by the National
Restaurant Association. The Fast Food Wage
Order impacts the minimum wage for fast-food
workers, increasing the minimum pay for
affected employees to $15 per hour by the
end of 2018.
What is the Fast Food Wage Order?
The Fast Food Wage Order is a piece of
legislation designed to address the rampant
poverty issues experienced by individuals
working within the fast-food industry. The
phased plan imposes wage increases on a
yearly basis, culminating in the $15 minimum
wage for fast-food employers in New York
City by 2018. The minimum wage will reach
its apex for New York state residents
outside of the city by the end of 2021.
The appeal challenges the constitutionality
of the Order
In its appeals filing, the National
Restaurant Association argues that the Fast
Food Wage order is unconstitutional for
several reasons. According to the filing,
the Order is unconstitutional due to its:
-
Arbitrary identification of affected
employees: The association argues
that the ruling focuses unfairly on a
specific group of employees, rather than
an industry or occupation as a whole.
The ruling impacts only employees of
fast-food chains with more than 30
locations across the United States. An
estimated 200,000 New York residents
will enjoy the wage increase should the
ruling be allowed to stand.
-
Unfair advantages provided to
unaffected companies: Fast-food
chains with fewer than 30 locations
nationwide are exempt from the ruling.
This offers exempt chains an advantage
by limiting the costs of labor, in turn
allowing the ability to offer products
at lower costs than those impacted by
the ruling.
-
Violation of the Separation of Powers
doctrine: The Constitution creates a
system of checks and balances across all
levels of government. This holds true
for the New York Labor Commissioner and
New York Labor Board. According to the
National Association of Restaurants, the
Labor Board violated the doctrine by
creating and imposing legislation
illegally and without checks or
balances.
The National Association Of Restaurants
seeks an injunction against the imposition
of the Fast Food Wage Order based on these
arguments and other mitigating factors.
Protect your career against wage theft or
minimum wage violations
The discussion over the validity of the Fast
Food Wage Order and its potential impact has
shone a spotlight on the income issues faced
by fast-food workers in New York City and
throughout the state. By prompting serious
discussion regarding the topics of minimum
wage, the living wage and wage theft, the
Order has brought to light many violations
of the current wage standard and employment
law.
If you have been denied wages by your
employer for any reason, it is important to
discuss your concerns with a New York
employment law attorney. At
Hepworth, Gershbaum & Roth, PLLC, our
New York wage theft lawyers support clients
who have become the victim of unfair
overtime practices and many other forms of
wage theft. To schedule a free consultation
with one of our New York wage theft lawyers,
contact us online or call 212-545-1199.
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attorney in New York today
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consultation and determine
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