Fast Food Minimum Wage


12/23/15 N.Y. St. Reg. LAB-42-15-00003-A
December 23, 2015
I.D No. LAB-42-15-00003-A
Filing No. 1069
Filing Date. Dec. 10, 2015
Effective Date. Dec. 31, 2015
Fast Food Minimum Wage
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 146-1.2; and addition of section 146-3.13 to Title 12 NYCRR.
Statutory authority:
Labor Law, sections 21(11), 652 and 656
Fast Food Minimum Wage.
To implement changes to the wages for food service workers and service employees in the hospitality industry.
Text or summary was published
in the October 21, 2015 issue of the Register, I.D. No. LAB-42-15-00003-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Michael Paglialonga, NYS Department of Labor, Building 12, State Office Campus, Room 509, Albany, NY 12240, (518) 457-4380, email:
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The Department received several comments following publication of the original rule in the October 21, 2015 edition of the NY Register. The following represents a summary and an analysis of such comments, and the reasons why any significant alternatives were not incorporated into the rule.
Specific comments, and responses to them, are contained below.
Comment 1:
The proposed rule will provide significant health and economic benefits for low wage and disadvantaged workers facing economic hardship.
Response 1:
The Department agrees with this comment.
Comment 2:
The proposed rule could impact private nonprofitmaking colleges that have fast food establishments on campus that are staffed by student workers, some of whom are funded through federal work-study.
Response 2:
This rule only applies to employers within the coverage of the Hospitality Wage Order (12 NYCRR Part 146), which contains specific exclusions that may be relevant to private colleges. (See, 12 NYCRR 146-3.1(d).) Whether those exclusions apply will depend on the particular facts and circumstances surrounding the employment.
Comment 3:
The proposed rule could impact retail employers that have fast food establishments located within retail establishments.
Response 3:
This rule applies to fast food establishments that are located within non-fast food establishments. Whether the rule impacts retail employers will depend on the particular facts and circumstances surrounding the employment.
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