On September 10, 2015, New York Commissioner of Labor Mario Musolino adopted the Fast Food Wage Board’s recommendations regarding increasing the minimum wage for fast food workers in New York to $15 per hour. The Order will take place thirty days after notice is published in at least ten newspapers in New York.
Musolino approved the phase-in schedules for the minimum wage increase in New York City and the rest of the state. New York City’s minimum wage for fast food workers will gradually increase each year until it reaches $15 per hour on December 31, 2018. For the rest of New York, the minimum wage for fast food workers will gradually increase each year until it reaches $15 per hour on July 1, 2021.
Musolino also approved the Wage Board’s definitions of what constitutes a “Fast Food Employee” and “Fast Food Establishment”. A Fast Food Employee is defined as a person who works at or for a Fast Food Establishment and who’s job duties include customer service, cooking, food or drink preparation, delivery, security, stocking supplies or equipment, cleaning, or routine maintenance. A Fast Food Establishment is defined as an establishment that has the primary purpose of serving food and drinks. The food and drinks may be eaten at the establishment, taken to go, or delivered to the customer. A fast food establishment must also be part of a chain which has 30 or more establishments nationwide. This can include an integrated enterprise that owns or operates 30 or more establishments nationally, or the establishment must be a part of a franchise where the franchisor and franchisees own or operate 30 or more establishments nationally. The Order further elaborates on how “chain”, “franchisee”, “franchisor”, “franchise” and “integrated enterprise” are defined.
The NYC employment lawyers at Fitapelli & Schaffer, LLP are strongly committed to protecting the rights of hard working employees. If you believe you have a potential claim regarding minimum wage, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.