"Last September, Gov. Gavin Newsom signed California Assembly Bill
1287 into law, which includes a $20 per hour minimum wage for fast-food
workers and a fast-food regulatory council which has the authority to
raise the industry’s minimum wage annually. But between last fall and
January, California fast-food restaurants cut
about 9,500 jobs, representing a 1.3 percent change from September
2023. Total private employment in California declined just 0.2 percent
during the same period, which makes it tempting to conclude that many of
those lost fast-food jobs resulted from the higher labor costs
employers would need to pay.
More fast-food job losses are coming as the new minimum wage took
effect earlier this month. This includes losses at Pizza Hut and Round
Table Pizza which are in the process of firing nearly 1,300 delivery
drivers. El Pollo Loco and Jack in the Box announced that they will
speed up the use of robotics, including robots that make salsa and cook
fried foods.
Fast food prices are up
since the law took effect on April 1. In less than one month, Wendy’s
increased prices by 8 percent, Chipotle’s prices have increased by 7.5
percent, and Starbucks prices are up by 7 percent. McDonald's has
announced it will be raising prices, and many other fast-food franchises
have announced hiring freezes.
California now has the highest-priced fast food in the country, but
there is an obvious limit to how much further prices can climb. “I can’t
charge $20 for Happy Meals,” noted Scott Rodrick, a Northern California McDonald’s franchisee.
It is nothing short of bizarre that California would choose to
specify a substantially higher minimum wage for its fast-food industry,
which tends to hire workers who are much younger than other industries,
which have a minimum wage of about $16 per hour. About 30 percent of
fast-food workers are teens, and another 30 percent are between twenty
and twenty-four years old. With 60 percent of its workforce twenty-four
or younger, the fast-food industry stands in sharp contrast to the other
industries, in which only about 13 percent of workers are that young.
Young workers have less experience than older workers and are still
in the process of building skills, both of which tend to limit the
amount of value that young workers can create for an employer. Young
workers are also expensive from a human resources standpoint, because
they require significant training and because they tend to move in and
out of employment frequently, reflecting school schedules. Annual worker
turnover in the fast-food industry exceeds 100 percent, which raises
employer recruiting and training costs significantly.
Fast-food employers have few alternatives to a $20 minimum wage other
than cutting their workforces or raising prices, as fast-food profit
margins are slim, averaging 5‒8 percent. Labor advocates typically argue
for the need of a “living wage” when it comes to the pay of
less-skilled workers. But this ignores the fact that many of those
workers are part time, and it also ignores the fact that fast-food
owners and their investors must receive adequate compensation for their
time and capital. Living wages can mean no wages, which is what has
happened for over 9,500 California fast-food workers since last
September.
The genesis of the new law is one of the uglier pieces of legislation
to have come out of Sacramento. Minimum wage and “living wage” laws
almost always are tied to unions, because they typically provide
exemptions for workers covered by a collective bargaining agreement.
This one is no exception. For over a decade the Service Employees
International Union (SEIU) tried to unionize fast-food workers, but
failed, despite spending $100 million in the process.
The union then turned to its legislative friends in Sacramento to
create a new law in which a regulatory council, which would of course be
dominated by union representatives, would regulate wages and working
conditions in the fast-food industry, unless of course the restaurant
agreed to collective bargaining. The Legislature passed this law,
Assembly Bill 1228, in 2022, and Newsom signed it, but it was so onerous
that the industry gathered enough signatures to put the law in front of
voters in a 2024 ballot referendum. Legislators panicked, knowing that
voters would likely overturn the law. A new bill, AB 1287, was crafted
that substantially weakened the regulatory authority of the fast-food
council, and the industry agreed to remove the ballot referendum.
But the ugliness of the new law doesn’t stop there. The 2023 law
includes a strange exemption from the $20 wage for fast-food restaurants
that bake their own bread and sell it as a stand-alone item. Why?
According to several sources familiar with the bill’s negotiations, the
exemption was included to satisfy Newsom, because one of his political
donors, Greg Flynn, owns several California Panera Bread franchises,
which bake their own bread and sell it as a stand-alone item.
After this exemption came to light in the national media in February,
Newsom responded to allegations that the bakery exemption reflected a
political payoff for his donor as outrageous, but he provided no other
explanation for why such a one-off exemption was provided, and he still
hasn’t. Newsom received more criticism in the media when it was reported
that a restaurant he partially owns near Lake Tahoe posted a job
listing for a table busser at $16 an hour. With a $37 pasta dish and a
$67 steak dinner on the menu, the restaurant doesn’t qualify as fast
food, so it is not required to pay the $20 minimum wage. And while
Newsom is not involved in managing his businesses since becoming
governor, many still find it tone-deaf that the spirit of the
legislation that he is so proud of is not being followed by his family
business.
The $16-per-hour job posting in Newsom’s restaurant is informative
regarding the market price of restaurant service workers. The restaurant
is not paying more because it doesn't need to. It can find qualified
applicants at $4 less per hour than the fast-food minimum wage, even in
Lake Tahoe, which is a high cost-of-living area.
The job will be filled in Newsom’s restaurant, and perhaps it has
already been filled. But there are over 9,500 California jobs that no
longer exist because they can’t pay what Newsom’s restaurant is paying.
And that is the saddest bit of this ugly new law."