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Abstract

This article portrays the recently passed bill, “The Fast Food Accountability and Standards Recovery Act,” which will open up new doors for the workers working at fast food franchises. This Labor Day, i.e., on 5 September Governor of California passed a bill that could impact the wages of more than half a million fast food workers. The bill could soon be a foundation of a better prospect for the workers working at fast food franchises.

This article accurately describes the act passed and how it will impact (positively or negatively) the restaurant’s employees. In this paper, the focus has been on who is a fast-food franchise worker. What is the new law passed by the Governor of California, what will be the potential minimum wage increase that the worker will enjoy, and lastly, how it protects from employment protection? 

Who is a fast food franchise worker?

Fast food franchise workers are the people employed by fast food restaurants throughout the country to run out of their businesses. The famous restaurant which keeps these workers deals in hamburgers, fried chicken, roast sandwiches, and pizzas. Real-time examples are McDonald’s, Pizza Hut, Burger King, etc., which employ workers for food making and serving, keeping the restaurant neat and clean, and ensuring that the customers are delighted with their services. In most fast-food restaurants, the food is prepared in an assembly line design.

Restaurant workers are trained to deal with all kinds of jobs, whereas others work to learn or do a specific assigned task. In an ordinary fast food chain, a counter person takes the order and gives them to the cook, who prepares the food and places the order on the plates; the counter worker then completes the order with payment. Fast food franchises hire workers who work under the supervision of a manager or an assistant manager; there are instances where the owner himself plays the active role of manager. The manager employs fast food franchise counter workers who take customers’ orders, receive payments, and make changes. They deliver the food cooked in an assembly line fashion. Most of the fast food franchise workers are students who work as part-time workers who meet their expenses.

New California law could raise the fast food minimum wage to $22/hour.

5 September 2022, i.e., Labor Day has turned into a significant win for the workers of fast food franchises. California Governor Gavin Newsom (D), during Labor Day, signed new legislation that has established a council to help improve working conditions for roughly half a million workers in the fast food industry. This move has been named as the potential to raise industry minimum wages from $15 to $22 an hour, the highest in the nation of the United States. “The Fast Food Accountability and Standards `Recovery Act” will create the first “Fast Food Council” of 10 people, comprising workers, management, and two state officials, to set worker safety and health conditions. The regulation passed will be applied to California fast-food restaurants that are part of chains with more than 100 units in number nationwide. It has been estimated that the new law will impact around 150 companies and 19000 locations, according to Restaurant Business. 

Potential Minimum wage Increase

The act provides significant benefits to fast-food employees. For example, the law comes up with a minimum wage that can be set at $22 an hour, whereas the state minimum wage/remuneration is $15.00 for businesses with 26 or more members employed. In addition, after Jan. 1, 2024, the sector’s minimum wage/remuneration will be adjusted according to the inflation arising during that period. The act also allows the establishment of Local Fast Food councils in any country or city with a population of more than 200,000. The same must comprise of  at least one representative from a fast-food restaurant franchisor and at least one representative who is an employee at a fast-food restaurant. Although these local councils will operate independently, they can make written recommendations/suggestions to the state council. 

Protection from Employment Discrimination

The act comes up with protection against discrimination and retaliation in the workplace. Under the act, fast-food restaurants are refrained from discharging, discriminating, or retaliating against any employee who engages in a particular type of protected activity relating to fast-food restaurant health and safety.

Additionally, it provides a private individual right of action to any employee discharged, discriminated against, or retaliated against in violation of them. It entitles any prevailing employee to reinstatement, treble damages for lost wages, work benefits, and attorney’s fees. 

AUTHOR – Divyansh Rana

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