Assembly Bill 1228 was signed by Governor Newsom on September 28, 2023. The bill authorizes, among other things, an increase in the minimum wage of employees at national fast food restaurants to $20 on April 1, 2024.
That’s a substantial increase in the current minimum wage for fast food workers, which as of January 1, 2024 will be $16 for California hourly employees (a 25% increase) and as of July 1, 2023 has been $16.90 for hourly employees in unincorporated Los Angeles County (an 18% increase). Ventura County hourly employees currently fall under the California minimum wage rate.
So does this mean that ALL fast food workers in California will automatically start earning at least $20 per hour next April? No. It applies to workers at “national fast food chains,” which is defined as “a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service."
Bakeries gets a break. “Fast food restaurant” shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishment’s premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item."
AB 1228 goes on to state that the hourly minimum wage may increase annually by the lesser of 3.5% or inflation over the the most recent July 1 to June 30 period.
So some additional questions come to mind:
If a chain has 60+ establishments but they are only based in California, does this represent a “national fast food chain” under AB 1228? My suspicion is yes.
How will AB 1228 impact fast food eateries with 59 or less locations? Why would someone want to continue earning $15.50 at a smaller chain when they could work at Taco Bell or Burger King and earn $20? It would seem that although the law is written for larger chains, clearly it will impact all fast food eateries in the state.
How will AB 1228 impact other minimum wage jobs? As with smaller eateries, it would seem that all minimum wage jobs will be indirectly impacted by AB 1228. A $4 per hour difference between entry level fast food jobs and other minimum wage jobs is significant.
Read the entire bill at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1228.
