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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.





Contact an employment law attorney in New York today for a free initial consultation and determine whether you have a case. For a free initial consultation, you can contact us online or by phone.

CALL US TODAY! 212-545-1199