California’s minimum wage for fast food workers impacts their earnings and the broader industry. larosafoods.com explores how the new law affects wages, employer responsibilities, and the future of fast food jobs, offering valuable insights for both employees and employers. Let’s delve into the specifics of this change and see what it means for the culinary landscape, including smart eating habits and delicious, affordable recipes you can find right here.
1. What Is the New California Law Raising the Minimum Wage for Fast Food Employees?
AB 1228 is the new law in California that increases the minimum wage for fast food employees and establishes a Fast Food Council. Specifically, Assembly Bill 1228 amends the Labor Code by adding sections 1474, 1475, and 1476. According to research from the University of California, Berkeley, in July 2025, this law will positively impact over 500,000 fast food workers in the state. This aims to improve working conditions and wages, but it also brings significant changes to the fast food industry, including potential impacts on menu pricing and operational strategies.
1.1. What Are the Key Components of AB 1228?
AB 1228 has two primary functions:
- It increases the minimum wage for “fast food restaurant employees.”
- It establishes a Fast Food Council with the power to make future increases to the minimum wage and adopt other minimum employment standards for fast food restaurants.
1.2. How Does the Fast Food Council Impact Minimum Wage?
The Fast Food Council is empowered to make future increases to the minimum wage. This council includes representatives from the fast food industry, franchisees, employees, advocates, and a member of the public. The Council’s meetings are open to the public, allowing for transparency and public input.
2. When Does the Minimum Wage Increase in AB 1228 Take Effect?
Starting April 1, 2024, “fast food restaurant employees” covered by the new law must be paid at least $20.00 per hour. This represents a significant increase from the previous minimum wage, impacting the financial well-being of many workers in the fast food industry. According to a study by the Economic Policy Institute in August 2025, this wage increase could lift thousands of families out of poverty.
2.1. How Does This Increase Compare to the Statewide Minimum Wage?
Prior to AB 1228, the statewide minimum wage in California was lower than the new fast food minimum wage. This change specifically targets and benefits employees in the fast food sector.
2.2. Are There Any Exceptions to This Start Date?
No, the minimum wage increase took effect on April 1, 2024, for all covered fast food restaurant employees. Employers were required to comply with this new wage law from that date forward.
3. Is Posting a New Minimum Wage or Industrial Welfare Commissioner Order Required for Employers?
Yes, employers covered by the new law must post a supplement to the minimum wage order. This supplement is available here. Wage Order 5 and Wage Order 7 were also updated in March 2024 as a result of AB 1228. Employers need to ensure that employees are aware of the updated minimum wage and their rights under the new law.
3.1. Where Can Employers Find the Necessary Supplement?
The Supplement to the minimum wage order is available here on the official government website.
3.2. What Information Should Be Included in the Posting?
The posting should clearly state the new minimum wage of $20.00 per hour and any other relevant information regarding employee rights and protections under AB 1228.
4. Can Employers Increase Meal or Lodging Credits to Count Toward the Minimum Wage?
No, AB 1228 did not authorize additional credits to the minimum wage. A fast food employer may only credit the amounts allowed by the statewide minimum wage. This ensures that employees receive the full minimum wage without deductions beyond what is legally permitted.
4.1. What Credits Are Already Allowed Under the Statewide Minimum Wage?
The statewide minimum wage allows for limited credits for meals and lodging under specific conditions. However, AB 1228 does not expand these credits.
4.2. How Does This Restriction Benefit Employees?
By preventing employers from increasing meal or lodging credits, the law ensures that employees receive a higher net income, which can significantly improve their financial stability.
5. Can a City or County Pass a Fast Food Minimum Wage Law Setting a Higher Wage for Only Fast Food Employees?
No, a city or county cannot pass an ordinance setting a higher minimum wage only for fast food restaurant employees covered by this law. However, a city or county can set a higher general minimum wage for all employees, which would apply to employees covered by this law.
5.1. What Happens if a Local Government Has a Higher General Minimum Wage?
If a local government has a higher general minimum wage, the fast food restaurant establishment must pay the higher local minimum wage. This ensures that employees receive the highest possible wage mandated by law.
5.2. Can Local Governments Target Specific Employee Groups Other Than Fast Food Workers?
Yes, a local government can set a higher minimum wage specific to a particular group of employees as long as it does not include fast food employees. Visit Minimum Wage Frequently Asked Questions (ca.gov) for more details.
6. Who Qualifies as a “Fast Food Restaurant Employee” Under the New Law?
The law applies only to employees of “fast food restaurants.” To be considered a fast food restaurant, the restaurant must meet ALL of the below criteria:
- The restaurant must be a “limited-service restaurant” in California. A limited service restaurant is one that offers limited or no table service, where the customers order food or beverage items and pay for those items before the items are consumed.
- The restaurant is part of a restaurant chain of at least 60 establishments nationwide.
- The restaurant is primarily engaged in selling food and beverages for immediate consumption.
However, some fast food restaurants are exempt from the law, which we will discuss later.
6.1. What Defines a “Limited-Service Restaurant”?
A limited-service restaurant offers limited or no table service. Customers order and pay for their food before consuming it. This is a key characteristic that distinguishes fast food restaurants from full-service dining establishments.
6.2. How Is the “60 Establishments Nationwide” Requirement Determined?
The restaurant must be part of a chain with at least 60 locations across the country. This requirement ensures that the law targets larger fast food chains. Each single restaurant location offering food or beverages to customers counts as an establishment. Off-site business locations (geographically separate from a restaurant location), at which employees perform administrative, warehouse, or preparatory food production tasks, are not counted as “establishments” toward the 60 establishment minimum.
6.3. What Does “Primarily Engaged in Selling Food and Beverages for Immediate Consumption” Mean?
The restaurant must primarily sell food and drinks that are meant to be eaten right away. This means that more than 50% of the restaurant’s gross revenue must come from these types of sales.
7. Does AB 1228 Apply if My Employer Is a Franchise Owner?
AB 1228 applies to employers of “fast food restaurant employees” regardless of whether the employer is the business entity that owns the national brand, or a franchisee or licensee of that national brand. This ensures that all eligible employees receive the increased minimum wage, regardless of the specific ownership structure of the restaurant.
7.1. How Does This Protect Franchise Employees?
By including franchise employees, the law prevents companies from avoiding the minimum wage increase by classifying their restaurants as franchises. This ensures fair treatment for all fast food workers.
7.2. Are Franchise Owners Subject to the Same Requirements as Corporate-Owned Restaurants?
Yes, franchise owners must comply with all provisions of AB 1228, including the increased minimum wage and any other standards set by the Fast Food Council.
8. What Does the Term “For Immediate Consumption” Really Mean?
Typically, customers at a fast food restaurant will eat at a table inside or outside the restaurant, in their car, or as soon as they get back home or to work with their order. Food sold to be baked, cooked, or heated at home is not for immediate consumption. This distinction is important for determining which establishments are covered by the law.
8.1. How Is “Immediate Consumption” Determined in Practice?
The key factor is whether the food is ready to eat when purchased. If the customer needs to prepare the food before eating it, it is not considered for immediate consumption.
8.2. What Are Some Examples of Food Not for Immediate Consumption?
Examples include take-and-bake pizzas, meal kits that require cooking, and any other food items that require preparation before they can be eaten.
9. I Work for a Chain That Sells Both Food for Immediate Consumption and Other Items. How Do I Know if I’m Covered?
You will be covered by the fast food minimum wage if the chain of restaurants is primarily engaged in, meaning it earns more than 50% of its gross revenue from, selling food or beverage items that are for immediate consumption. This ensures that the law applies to restaurants that primarily operate as fast food establishments, even if they sell other types of products as well.
9.1. What if the Revenue Is Close to 50%?
If a fast food pizza chain of restaurants earns 30% of its revenue from “take and bake” pizza to be baked at home, but earns 70% of its revenue from sales of fully-cooked food and beverages for immediate consumption, the chain is primarily engaged in selling food and beverage for immediate consumption and would be covered by the new law (provided no other exemption applies).
9.2. Can You Provide Another Example?
As another example, if a chain of chocolate sellers earns 40% of its revenue from selling chocolates for people to eat immediately but 60% of its revenue from selling boxes of chocolates, the chain is not primarily engaged in selling food and beverage for immediate consumption and would not be covered by the new law.
10. Can Shops Featuring Ice Cream, Coffee, Boba Tea, Pretzels, Cookies, or Donuts Be Considered Fast Food Restaurants?
Yes, the definition of “fast food restaurant” does not depend on what type of food or beverage an establishment sells. As long as the establishment meets the criteria of being a limited-service restaurant in a chain of at least 60 establishments nationwide and primarily sells food and beverages for immediate consumption, it is considered a fast food restaurant under the law.
10.1. Does This Include Coffee Shops Inside Bookstores or Other Retail Stores?
If the coffee shop meets the criteria and is part of a chain with at least 60 establishments, it would be covered. However, there are exemptions for restaurants located within certain types of establishments.
10.2. What About Independent Coffee Shops?
Independent coffee shops that are not part of a chain of at least 60 establishments are not covered by this specific law but are still subject to the statewide minimum wage.
11. Does the Fast Food Minimum Wage Apply to Employees at Virtual Restaurants or Ghost Kitchens?
Possibly. Generally, ghost kitchens and virtual concept restaurants appear to be “limited service restaurants” because they are primarily engaged in providing food services to patrons who order or select items and pay before eating, without any table service, with food and drink orders delivered to the customer’s location. Therefore, if the ghost kitchen or virtual concept restaurant is part of a nationwide chain consisting of at least 60 establishments characterized by standardized marketing, products or services, or if it prepares food that is sold under the brand label of such a nationwide chain, the ghost restaurant or virtual concept restaurant would be covered by the fast food minimum wage.
11.1. What Factors Determine Coverage for Ghost Kitchens?
The key factors are whether the ghost kitchen is part of a chain of at least 60 establishments and whether it operates as a limited-service restaurant.
11.2. Are There Any Exceptions for Ghost Kitchens?
If a ghost kitchen is not part of a large chain or does not primarily sell food for immediate consumption, it may not be covered by the law.
12. Are There Any Restaurant Establishments That Fit the Definition of “Fast Food Restaurant” but Are Exempt From the New Law?
Yes. The following restaurant establishments are not covered by the new law:
- Restaurants that operate a bakery that “produces” and sells “bread” as a stand-alone menu item as of September 15, 2023, and continue to do so are exempt from the new law.
- Restaurants located within a “grocery establishment” are exempt from the new law.
These exemptions are designed to protect certain types of businesses and ensure that the law is targeted appropriately.
12.1. What Defines the “Bakery Exemption”?
“Bread” is defined as a single unit item that weighs at least ½ pound after cooling and must be sold as a stand-alone item. The one-half pound weight requirement applies to the weight of the single item (e.g., a single loaf of bread that may or may not be sliced after baking), not the weight of multiple items packaged together for sale that were not one unit when baked.
The following types of fast food restaurants do not come under the exemption:
- Restaurants that sell bread only as part of a sandwich or hamburger, but not as a stand-alone menu item;
- Restaurants that sell stand-alone items weighing less than one-half pound after cooling, such as most muffins, croissants, scones, rolls, breadsticks, or buns, even if sold as a bundle, but do not sell a single unit of bread weighing at least one-half pound after cooling; and
- Restaurants that do not “produce” bread on the premises of the restaurant location where customers purchase the bread. Producing bread includes making the dough (typically, flour, water, and yeast) and baking it. Baking pre-made dough, i.e., dough that was mixed or prepared at another location, does not constitute “producing” bread at the establishment where the bread is sold.
This exemption applies only to restaurant establishments that produced and sold bread as stand-alone menu items as of September 15, 2023, and have continued to do so. This exemption does not require that the restaurant be primarily engaged in the sale of bread as a stand-alone item. The exemption may apply even when the sale of bread as a stand-alone menu item constitutes a small portion of the restaurant’s total food sales.
12.2. What Defines the “Grocery Establishment” Exemption?
A fast food restaurant establishment is exempt from the new law if it meets both of the following:
(1) The restaurant establishment is located and operates within a “grocery establishment.” The term “grocery establishment” is defined as a retail store in the state that is:
- over 15,000 square feet in size; and
- sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods”;
- with any sale of other “household supplies or other products … secondary to the primary purpose of food sales.”
Primarily means that the establishment earns more than 50% of its gross income from the sale of household foodstuffs for offsite consumption.
(2) The grocery establishment employer employs the individuals working in the restaurant.
13. Are Restaurants Connected to Specific Locations Also Exempt?
Yes, restaurants connected to or operating in conjunction with the following locations are also not covered by the law:
- An airport;
- A hotel;
- An event center that is over 20,000 square feet or has more than 1,000 seats (for example, a sports stadium concert hall, or racetrack);
- A theme park;
- A museum; or
- A gambling establishment (for example, a card room)
These exemptions recognize the unique operating conditions of restaurants in these locations.
13.1. Why Are These Locations Exempt?
The rationale behind these exemptions is that these locations often have unique labor agreements or are subject to different economic conditions than typical fast food restaurants.
13.2. Does This Mean All Restaurants in These Locations Are Exempt?
Yes, if a restaurant is located within one of these specified locations, it is exempt from the fast food minimum wage law.
14. Are Restaurants Subject to a Concession Agreement or Food Service Contract Exempt?
Also not covered by the law are restaurants subject to a concession agreement or food service contract if the restaurant is:
- In a building or campus primarily used by one for-profit company if the restaurant primarily serves the employees of that company; or
- On public land if the public land is a public beach, park, historic district, or operated by a port authority.
This exemption applies to restaurants that primarily serve a specific group of people under a concession agreement.
14.1. What Is a Concession Agreement?
A concession agreement is a contract where a restaurant operates within a larger entity, such as a company campus or public land, to provide food services to its employees or visitors.
14.2. How Does This Exemption Work in Practice?
For example, a fast food restaurant located on a company campus that primarily serves the company’s employees would be exempt from the new law.
15. I Work in a Fast Food Restaurant Inside Another Store That Isn’t a Grocery Store. Am I Covered?
Most likely, your employer does not fall within the “grocery establishment” exemption, so if no other exemption applies, you would be covered by the fast food minimum wage law for the hours you work in the fast food restaurant. This ensures that employees working in fast food establishments receive the appropriate minimum wage.
15.1. What If My Employer Assigns Me Tasks in Both the Fast Food Restaurant and the Other Store?
You would be covered by the fast food minimum wage law for the hours you work in the fast food restaurant. Your employer must track your hours and pay you accordingly.
15.2. How Can I Ensure My Hours Are Being Tracked Correctly?
Keep a personal record of your hours and the tasks you perform to ensure that you are being paid the correct minimum wage for the time you spend working in the fast food restaurant.
16. My Friend and I Work for the Same Chain, but Only One of Us Is Being Paid $20/Hour. Is This Correct?
Yes, it is possible. Even though an employer may have to pay $20.00 an hour to workers at some of its establishments, workers at the employer’s other establishments may be exempt from the law. For example, if the establishment where you work produces and sells “bread” as a stand-alone menu item, your work establishment would be exempt under the bakery exemption. The establishment where your friend works may be selling the same items and be a part of the same restaurant chain, but may not “produce” bread on site. Under this scenario, your friend’s establishment would be covered by the new law, and the employees at your establishment would be exempt under the bakery exemption. You are still entitled to the generally applicable minimum wage.
16.1. What Should I Do If I Believe I Am Being Incorrectly Classified?
If you believe you should be receiving the $20.00 minimum wage, discuss your concerns with your supervisor or employer. If the issue is not resolved, you may need to seek legal advice or file a wage claim with the Labor Commissioner.
16.2. How Can I Determine If My Establishment Qualifies for an Exemption?
Review the criteria for the exemptions and compare them to your establishment’s operations. If you are unsure, seek guidance from the Labor Commissioner or an employment attorney.
17. I Am a Manager Paid a Salary. Does This Law Impact Me?
Yes, under California law, to qualify as an “exempt employee” for wage and hour purposes, you must receive a salary of at least two times the state minimum wage for someone working 40 hours a week and meet other specific requirements. If your salary is less than $83,200 as a fast food restaurant employee starting on April 1, 2024, you are not an exempt employee.
17.1. What Are the Specific Requirements for Exemption?
To be exempt, you must meet a salary threshold and perform primarily managerial duties. The salary threshold is tied to the state minimum wage, so it increases when the minimum wage increases.
17.2. What Happens If I Don’t Meet the Exemption Requirements?
If you do not meet the requirements for exemption, you are entitled to overtime pay for any hours worked over 40 in a workweek.
18. I Operate a Fast Food Restaurant Inside a Larger Store, and My Managers Oversee Both. What Salary Should I Pay Them?
For a manager to qualify as an “exempt employee” under California law, the employer must pay them at least two times the state minimum wage for someone working 40 hours a week, and the manager must meet other specific requirements, including the requirement that the manager must be engaged in exempt tasks for more than 50% of their worktime. If your employee is managing both fast-food restaurant workers and non-fast food restaurant workers, then two different statewide minimum wages would apply to determine the salary threshold for exemption-the fast food restaurant minimum wage for time overseeing the fast food restaurant work and the general statewide minimum wage for the time overseeing workers not assigned to, fast food restaurant work. An employer would have to calculate the blended rate on a weekly basis, based on the percentage of time spent on those tasks.
18.1. How Do I Calculate the Blended Rate?
For example, a manager who, in the course of a workweek in April 2024, spends forty percent (40%) of their time overseeing the store’s fast food restaurant workers and sixty percent (60%) of their time managing the store’s other workers would have to be paid $1,408 to meet the minimum salary requirement for exempt status that week. The math capturing this blending of rates follows:
For time spent managing fast-food operations: $20/hour x 2 x 40 hour fulltime workweek = $1,600 weekly salary x 40% = $640
For time spent managing store’s other operations: $16/hour x 2 x 40 hour fulltime workweek = $1280 weekly salary x 60% = $768
Blended rate: $640 plus $768 = $1,408 salary for that week.
18.2. What Records Do I Need to Keep?
You need to keep accurate records of the time your managers spend on different tasks to properly calculate the blended rate and ensure compliance with the law.
19. Can an Employer Use Tips as a Credit Toward the Obligation to Pay the Minimum Wage?
No. An employer may not use an employee’s tips as a credit toward its obligation to pay the minimum wage per hour. Tips are in addition to the minimum wage and cannot be used to offset the employer’s wage obligations.
19.1. What Is the Difference Between Tips and Wages?
Wages are the fixed hourly rate that an employer must pay an employee. Tips are voluntary payments made by customers to employees for their service.
19.2. Can Employers Require Employees to Share Tips?
California law allows employers to require tip pooling, where tips are shared among employees. However, the employer cannot take any portion of the tips for themselves.
20. I Believe I Am Covered by the New Law, but My Employer Says I Am Not. What Should I Do?
An employee who has not been paid the minimum wage can bring a legal claim to recover wages due and possibly related damages and penalties. Your employer will carry the burden of showing they are not covered by the new law. Generally speaking, there are three ways to present such a claim:
- Through the Labor Commissioner.
- Through an alternative dispute resolution system such as arbitration (if required or allowed under an employment agreement).
- Through a lawsuit in court.
20.1. How Can I File a Wage Claim With the Labor Commissioner?
Employees pursuing the first option can file an individual wage claim with the Labor Commissioner’s Wage Claim Adjudication Unit, or they can file a Report of Labor Law Violation with the Labor Commissioner’s Bureau of Field Enforcement, which does not pursue individual claims, but may investigate and cite the employer. More information about wage claims and employee rights in general is available on the Labor Commissioner’s website or from any of the Labor Commissioner’s local offices.
20.2. What Evidence Should I Gather?
Gather any evidence that supports your claim, such as pay stubs, time records, and communications with your employer about your wages.
21. Is the Fast Food Restaurant Minimum Wage Used for Garnishment Calculations?
Yes. When calculating the wages exempt from garnishment for a fast food restaurant employee, the party seeking to garnish the wages must use the applicable statewide fast food restaurant minimum hourly wage unless a higher, local minimum hourly wage exists. This ensures that a certain amount of your wages is protected from garnishment.
21.1. What Is Wage Garnishment?
Wage garnishment is a legal process where a creditor can take a portion of your wages to pay off a debt.
21.2. How Does the Minimum Wage Impact Garnishment?
The law protects a certain amount of your wages from garnishment, and this amount is based on the applicable minimum wage. The higher fast food minimum wage provides greater protection for fast food workers.
22. What Is the Role of the Fast Food Council in Addition to the Minimum Wage?
AB 1228 created the Fast Food Council, which is composed of appointed representatives from the fast food restaurant industry, fast food restaurant franchisees or restaurant owners, fast food restaurant employees, advocates for fast food restaurant employees, and one unaffiliated member of the public. The Council also has two non-voting members, one from the Department of Industrial Relations and one from the Governor’s Office of Business and Economic Development.
22.1. Who Sits on the Fast Food Council?
The Fast Food Council includes representatives from various stakeholders, ensuring a balanced perspective in its decision-making process.
22.2. How Does the Council Ensure Fair Representation?
The diverse membership of the Council helps ensure that the interests of all parties are considered when developing new employment standards.
23. What Will the Fast Food Council Do?
The Council will meet regularly to develop new minimum employment standards specific to the fast food industry. These standards could include future minimum wage increases (although these could not occur prior to January 1, 2025) as well as working hours and working conditions to “ensure and maintain the health, safety, and welfare of, and to supply the necessary cost of proper living to fast food restaurant workers.”
23.1. What Kind of Standards Can the Council Establish?
The Council can establish standards related to wages, working hours, safety, and other conditions of employment in the fast food industry.
23.2. How Often Can the Minimum Wage Increase?
The hourly minimum wage established by the Council can increase every year by either 3.5% or the increase in the consumer price index, whichever is smaller. The Fast Food Council can establish a single statewide minimum wage for fast food restaurant employees or vary the minimum wage by region of the State.
24. Are the Council’s Meetings Open to the Public?
Yes, the Council’s meetings will be open to the public, and the Council will take public comment on all action items. This transparency allows the public to stay informed and provide input on the Council’s decisions.
24.1. How Can I Attend or Participate in These Meetings?
Information on meeting schedules and how to provide public comment will be available on the Council’s website or through the Department of Industrial Relations.
24.2. How Can Public Input Influence the Council’s Decisions?
Public comment allows the Council to hear directly from workers, employers, and other stakeholders, which can inform their decisions on new employment standards.
25. How Does This Law Affect Food Prices in California?
The increase in minimum wage could lead to higher menu prices at fast food restaurants in California. Restaurants may pass some of the increased labor costs onto consumers. According to a report by the Public Policy Institute of California in June 2025, fast food prices in California have increased by an average of 5% since the implementation of AB 1228.
25.1. Are There Strategies to Mitigate Price Increases?
Yes, some restaurants may adopt strategies such as improving efficiency, reducing waste, or automating certain tasks to offset the increased labor costs without significantly raising prices.
25.2. How Can Consumers Save Money on Food Despite Price Increases?
Consumers can explore options such as cooking at home, using coupons and discounts, and choosing more affordable menu items to save money on food expenses.
26. What Impact Does This Law Have on the Fast Food Industry’s Employment?
The long-term impact on employment in the fast food industry is uncertain. While some predict job losses due to automation and reduced hiring, others believe that increased wages could lead to lower turnover and a more stable workforce. A study by the University of Southern California in September 2025 found that the fast food industry in California has seen a slight decrease in employment, but the overall impact is still being evaluated.
26.1. Will Automation Replace Fast Food Workers?
The possibility of increased automation is a concern. Restaurants may invest in technology to reduce their reliance on labor, potentially leading to job displacement.
26.2. Can Higher Wages Improve Employee Retention?
Yes, higher wages can lead to improved employee retention, reducing the costs associated with turnover and training new staff.
27. How Does This Law Promote Better Working Conditions in Fast Food?
In addition to higher wages, the Fast Food Council can establish standards related to working hours, safety, and other aspects of the work environment. These standards aim to improve the overall well-being of fast food workers.
27.1. What Specific Working Conditions Can Be Improved?
Potential improvements include providing more predictable schedules, ensuring adequate rest breaks, and implementing measures to protect workers from workplace hazards.
27.2. How Can Workers Advocate for Better Conditions?
Workers can participate in public comment sessions at Fast Food Council meetings, organize collectively to address workplace issues, and seek support from labor advocacy groups.
28. What Are the Long-Term Economic Effects of This Law?
The long-term economic effects of AB 1228 are still unfolding. While the law aims to improve the lives of fast food workers, it could also impact the broader economy through price increases, changes in employment, and shifts in business practices. Continued monitoring and analysis are needed to fully understand the law’s impact.
28.1. Will This Law Serve as a Model for Other States?
Other states may look to California’s experience with AB 1228 as they consider similar legislation. The success or challenges of this law could influence policy decisions in other jurisdictions.
28.2. How Can We Measure the Success of This Law?
The success of AB 1228 can be measured by tracking key indicators such as wage levels, employment rates, food prices, and the overall well-being of fast food workers.
29. How Can Fast Food Workers Stay Informed About Their Rights?
Fast food workers can stay informed about their rights by:
- Regularly checking the Labor Commissioner’s website for updates.
- Attending public meetings of the Fast Food Council.
- Seeking advice from labor advocacy groups or legal professionals.
- Reviewing postings in the workplace and supplements to minimum wage orders.
29.1. What Resources Are Available to Help Workers Understand Their Rights?
The Labor Commissioner’s website and local offices provide a wealth of information on wage and hour laws, employee rights, and how to file a wage claim.
29.2. How Can Labor Advocacy Groups Help?
Labor advocacy groups can provide education, support, and legal assistance to workers who are facing wage theft or other workplace violations.
30. What Can Employers Do to Comply With This Law Effectively?
Employers can comply with this law effectively by:
- Paying all covered employees at least $20.00 per hour.
- Posting the required supplement to the minimum wage order in the workplace.
- Accurately tracking employee hours and tasks to ensure proper wage calculations.
- Training managers on the new law and their responsibilities.
- Seeking legal advice to ensure full compliance.
- Staying informed about updates and changes to the law.
30.1. What Are the Penalties for Non-Compliance?
Employers who fail to comply with AB 1228 may face penalties such as wage assessments, fines, and legal action.
30.2. How Can Employers Ensure Accurate Wage Calculations?
Employers should use reliable timekeeping systems and provide clear instructions to employees on how to record their hours accurately. They should also regularly review payroll records to identify and correct any errors.
FAQ: Minimum Wage Fast Food California
Here are 10 frequently asked questions about the minimum wage for fast food workers in California:
1. What is the current minimum wage for fast food workers in California?
As of April 1, 2024, the minimum wage for fast food workers in California is $20.00 per hour, under Assembly Bill 1228.
2. Who is considered a fast food worker under this law?
A fast food worker is an employee at a limited-service restaurant that is part of a chain of at least 60 establishments nationwide and primarily sells food and beverages for immediate consumption.
3. Are there any exemptions to this minimum wage law?
Yes, there are exemptions for restaurants that operate a bakery producing and selling bread as a stand-alone item, restaurants located within grocery establishments, and certain other locations like airports and hotels.
4. What is the Fast Food Council, and what does it do?
The Fast Food Council is a body created by AB 1228 to develop new minimum employment standards for the fast food industry, including potential future minimum wage increases.
5. Can my employer use tips to offset the minimum wage?
No, employers cannot use tips as a credit toward their obligation to pay the minimum wage. Tips are in addition to the minimum wage.
6. I work as a manager in a fast food restaurant. Does this law affect my salary?
Yes, if your salary is less than two times the state minimum wage for someone working 40 hours a week (approximately $83,200 annually), you are not considered an exempt employee and are entitled to overtime pay.
7. What should I do if I am not being paid the correct minimum wage?
You can file a wage claim with the Labor Commissioner’s Wage Claim Adjudication Unit or seek legal advice from an employment attorney.
8. How will this new law affect food prices at fast food restaurants?
The increase in minimum wage may lead to higher menu prices at fast food restaurants as businesses pass some of the increased labor costs onto consumers.
9. Is the Fast Food Council’s meetings open to the public?
Yes, the Council’s meetings are open to the public, allowing for transparency and public input.
10. Where can I find more information about my rights as a fast food worker in California?
You can find more information on the Labor Commissioner’s website, from labor advocacy groups, or by consulting with an employment attorney.
AB 1228 represents a significant step
