FAST RECOVERY ACT PASSED!
By Ward Heinrichs Esq., San Diego Employment Attorney
ON BIG BLEND RADIO: San Diego attorney Ward Heinrichs discusses California’s new FAST Recovery Act, AB 257. Watch here on YouTube or download the podcast on PodBean.
The Governor signed the FAST Recovery Act, AB 257, into law. A council, largely selected by the Governor, will provide fast-food workers with sector-wide representation. The council consists of 10 members and will promulgate minimum standards for health, safety, working conditions, training, and wages for the entire fast-food industry.
The composition of the AB 257 council is the following: two representatives of franchisors, two representatives of franchisees, two representatives of fast-food employees, two representatives of advocates for fast-food restaurant employees, one representative from the Governor’s Office of Business and Economic Development, and one representative from the Department of Industrial Relations. The Governor will appoint representatives for the franchisors, franchisees, government agencies, and for employees. The Speaker of the Senate and the Senate Rules Committee will appoint one each of the employee advocate representatives.
AB 257 will only apply to fast-food chains operating under a common brand or a set of restaurants that share standardized decor, marketing, packaging, products, and services. However, only restaurant brands and fast-food chains with standardized operations that have at least 100 stores nationwide will be subject to the FAST Recovery Act.
Businesses qualify as fast-food restaurants when they primarily provide food in the following way: 1) For immediate consumption either on or off the premises, 2) To customers who order or select items and pay before eating, 3) With items prepared in advance, 4) With limited or no table service.
The council may increase the minimum wage to a maximum of $22 per hour during 2023. After that, the council can only raise the minimum wage for relatively smaller cost of living increases.
Unlike the first drafts of AB 257, the FAST Recovery Act does not make corporate franchisors liable for franchisee violations of FAST. Additionally, AB 257 prohibits discrimination and retaliation of employees who complain, report, or disclose information about employee or public health and welfare, or who refuse to work because of such conditions.
Based in San Diego, California the Employment Law Office of Ward Heinrichs represents both employers and employees in almost all areas of labor law. He and his firm litigate cases that have been filed in many different parts of California. Visit www.BestEmploymentAttorneySanDiego.com