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The $15 Fast Food Minimum Wage Decision is Legal, State Board Says After Industry Appeal

A state board rejected the National Restaurant Association's petition against Cuomo's wage decision.

Chain restaurants like McDonald's will have to raise their minimum wage.
Chain restaurants like McDonald's will have to raise their minimum wage.
Spencer Platt/Getty Images

A state board upheld Gov. Andrew Cuomo's order to raise minimum wage for fast food workers to $15-per-hour — rejecting an appeal from the National Restaurant Association, the AP reports. The law, which will raise hourly wages in New York City to $15 by 2018, will impact chains with 30 or more locations across the country. The New York Industrial Board of Appeals, a group of people chosen by Cuomo, made the decision and says it only determines whether Cuomo's rulings are legal under current labor statutes. Here, they found nothing wrong, the board says.

NRA had previously filed the petition arguing that the minimum wage order was a "blatant executive overreach," against the spirit of the separation of powers doctrine. Cuomo had avoided lawmakers on the topic by convening a panel that determined $15-per-hour was an adequate wage. Minimum wage in New York is currently $8.75-per-hour, and in New York City, it will start going up at the end of this year. Despite the setback from the board of appeals, the restaurant industry isn't done fighting, it tells the AP. They "plan to take legal action against this arbitrary mandate which is contrary to law," a spokewoman says.

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