Minimum Wage

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California $20 Fast-Food Minimum Wage Is Coming April 1

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The nation’s highest state minimum wage for fast-food workers takes effect on Monday. Owners and employees are sizing up the potential impact.A decade ago, Jamie Bynum poured his life savings into a barbecue restaurant now tucked between a Thai eatery and a nutrition store in a Southern California strip mall.As a franchise owner of a Dickey’s Barbecue Pit, Mr. Bynum is pridefully particular about the details of his establishment — the size of the hickory wood pile on display near the entrance, the positioning of paper towel rolls on each table, the careful calibration it takes to keep his restaurant staffed 10 hours a day with a small crew.The staffing, he said, has become harder in recent years, as the state’s minimum wage has steadily increased since 2017, often rising by a dollar per year. Today, it’s $16 an hour.But on Monday, it will jump to $20 an hour for most fast-food workers in California, propelling them to the top of what minimum-wage earners make anywhere in the country. (Only Tukwila, Wash., a small city outside Seattle, sets the bar higher, with a minimum wage of $20.29 for many employees.)The ambitious law, which supporters hope to see replicated nationwide, has been characterized by opposing sides in stark terms. To backers, it is a step toward fair compensation for low-wage workers who faced significant risk during the pandemic. To opponents, it is a cataclysmic move that will raise food prices, lead to job losses and force some franchisees to consider closing.“People don’t understand that when wages rise, so do the prices,” Mr. Bynum said.Mr. Bynum has, in recent years, raised prices to try to maintain profit margins — and each time, he said, he has noticed a drop in customers. That, in turn, forced painful decisions about cutting staffing and trimming hours.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    West Hollywood Minimum Wage, Highest in U.S., Irks Merchants

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    Josiah Citrin, the owner and chef of a Santa Monica restaurant with two Michelin stars, opened a new steakhouse a few months ago off the Sunset Strip. He is already concerned about whether the restaurant can survive.The reason, Mr. Citrin said, is singular: a West Hollywood city mandate that workers be paid at least $19.08 an hour, the highest minimum wage in the country.“It’s very challenging,” Mr. Citrin, 55, said of the new minimum wage, which took effect about two weeks before he opened his doors in July. “Really, it’s almost impossible to operate.”His sentiment is widely shared among business owners in West Hollywood, a city of 35,000 known for restaurants, boutiques and progressive politics. In recent weeks, many owners have written to lawmakers, pleading for a moratorium on further increases to the minimum wage; another is scheduled for July, based on inflation. And last month, several marched to a local government building carrying signs that read, “My WeHo” and “R.I.P. Restaurants in West Hollywood.”Their sense of duress arises partly from geography. The jaggedly shaped city is bordered by Beverly Hills to the west and Los Angeles to the north, south and east. Some streets begin in Los Angeles, slice through West Hollywood and end in Beverly Hills. You can be in three cities — barring, of course, traffic — in a matter of minutes.And that means West Hollywood’s small businesses have competitors down the street with lower costs.Beyond raising the minimum wage, the West Hollywood ordinance, which the City Council approved in 2021, requires that all full-time employees receive at least 96 hours a year of paid time off for sick leave, vacation or other personal necessities, as well as 80 hours that they can take off without pay.The State of California’s hourly minimum wage is $15.50, the third highest in the nation, trailing only the District of Columbia at $17 and Washington State at $15.74. But just as each state’s minimum wage can supersede the federal minimum of $7.25 an hour, more than two dozen cities across California, including West Hollywood and several in the Bay Area, have higher minimum wages than the state, according to the Economic Policy Institute, a nonpartisan think tank.The number of workers at Charcoal Sunset restaurant in West Hollywood has fallen to 35 from around 50. The owner is wondering about his future in the city.Mark Abramson for The New York TimesIn San Francisco, it’s $18.07; in Los Angeles, $16.78.Chris Tilly, a professor at the University of California, Los Angeles, who studies labor markets and public policies that shape the workplace, said research had shown that gradual and moderate increases to the minimum wage had no significant impact on employment levels.“The claim that minimum wage increases are job-killers is overblown,” Mr. Tilly said. But “there are possible downsides,” he added. “One is that economic theory tells us an overly large increase in the minimum is bound to deter businesses from hiring.”Over the past year, workers in several California industries have seen significant pay raises due, in many instances, to wins by organized labor. Health care workers at Kaiser Permanente facilities secured a contract that includes a $25-an-hour minimum wage in the state. Fast food workers across the state will soon make a minimum wage of $20 per hour, and hotel workers have received significant pay bumps across Southern California.Until recently, West Hollywood followed the state’s minimum wage increases, which have risen every year since 2017, often by a dollar at a time. But that changed with the new ordinance, which included a series of increases.Genevieve Morrill, president of the West Hollywood Chamber of Commerce, said that while her group wanted workers to earn a living wage in an increasingly expensive part of the country, she felt that the ordinance had done more to hurt workers, who have lost hours or, in some cases, their jobs after places have shuttered.Around the time the recent wage bump took effect, Ms. Morrill helped more than 50 local businesses, including Mr. Citrin’s restaurant, write a letter to the City Council outlining their concerns. They called for a moratorium on further minimum wage increases through 2025 or until the rate aligns with the Los Angeles rate. They also asked that the city roll back the mandated paid time-off policy.West Hollywood has promoted itself as “a leader in many critical social movements.”Mark Abramson for The New York TimesA journey of mere blocks can pass through Los Angeles, West Hollywood and Beverly Hills.Mark Abramson for The New York TimesWest Hollywood, which was incorporated in 1984, was the first city in the nation to have a City Council with a majority of members who were openly gay. It has promoted itself as “a leader in many critical social movements,” including, among other things, advocacy for H.I.V. causes, affordable housing and women’s rights, according to a post on the city’s website.When you walk along Santa Monica Boulevard, which cuts through the center of this city, a bustling energy fills the sidewalks. Several residents are catching up with phone calls while out walking their dogs, and others are grabbing a latte or strolling through an art gallery. People are doing calisthenics in a park. At night, the city’s vibrant bar and restaurant scene brings a buzz.Mayor Sepi Shyne, who was sworn in this year, said businesses had long been a part of the fabric of the community.“Our businesses are also the backbone of support for workers: Lifting workers with fair pay is part of securing economic justice and a brighter future for everyone,” said Ms. Shyne, who supports the minimum wage ordinance but said she was seriously listening to resistance from the business community.Last month, the City Council, of which Ms. Shyne is a member, approved about $2.8 million in waivers, credits and marketing dollars to help the business community. The City Council, she said, has also directed staff members to get feedback from workers about the effect of paid time off.A major supporter of the ordinance was UNITE HERE Local 11, which represents 30,000 workers at hotels and restaurants across Southern California.West Hollywood has a vibrant bar and restaurant scene that brings a buzz to the city.Mark Abramson for The New York TimesSunset Plaza is a center of various businesses on the Sunset Strip in West Hollywood.Mark Abramson for The New York TimesKurt Petersen, co-president of the local, said West Hollywood was setting a standard that should be replicated across California and the country. “It has raised living standards and given workers the security of paid time off,” he said.Near the intersection of Santa Monica and La Cienega Boulevards, Paul Leonard plans to open a location for his pet grooming business, Collar & Comb. He has operated at other locations, a few blocks away in Los Angeles, since 2019. The most popular service, Mr. Leonard said, is a full-spectrum specialty groom for dogs under 20 pounds at $166.In an interview, Mr. Leonard said he was not concerned about the minimum wage because he paid his groomers at least $23 an hour.“Everything is going up, and so should wages,” he said.Steve Lococo, who has been a part of the business community for decades, said small-business owners “have not at all been heard” over the last two years in West Hollywood. He has raised prices — an average haircut, previously $150, is now $195 — and his business, B2V Salon, which he co-owns with Alberto Borrelli, has cut back to five employees from nine. At the start of the new year, Mr. Lococo said, the salon will assess staffing again.“There need to be modifications to this ordinance,” he said. “Lately, it’s just like, you feel as if you have no say as a business owner in how things are done in the city.”Paul Leonard of Collar & Comb with his dog, Lincoln. “Everything is going up,” Mr. Leonard said, “and so should wages.”Mark Abramson for The New York TimesMeanwhile, Mr. Citrin, who has run restaurants in the Los Angeles area for more than 25 years, said the staff at his West Hollywood restaurant, Charcoal Sunset, which specializes in prime cuts of meat, had fallen to 35 from around 50.At high-end restaurants like his, Mr. Citrin noted, servers often make good money — sometimes more than $50 an hour when tips are included, he said. Most nights, his West Hollywood restaurant makes revenue comparable to what his Los Angeles and Santa Monica restaurants bring in, but his overhead costs are higher in West Hollywood. For now, he said, he is unsure of his future in the city.He often wonders if it’s easier to simply focus on his restaurants elsewhere in the area.“That’s something I need to answer in the coming months,” he said. More

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    Restaurants Agree to Raise Pay to $20 an Hour in California

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    The deal will avoid a ballot fight over a law passed last year that could have resulted in higher pay and other changes opposed by restaurant companies and franchisees.Labor groups and fast-food companies in California have reached an agreement that will pave the way for workers in the industry to receive a minimum wage of $20 per hour.The deal, which will result in changes to Assembly Bill 1228, was announced by the Service Employees International Union on Monday, and will mean an increase to the minimum wage for California fast-food workers by April. In exchange, labor groups and their allies in the Legislature will agree to the fast-food industry’s demands to remove a provision from the bill that could have made restaurant companies liable for workplace violations committed by their franchisees.The agreement is contingent on the withdrawal of a referendum proposal by restaurant companies in California that would have challenged the proposed legislation in the 2024 ballot. Businesses, labor groups and others have often used ballot measures in California to block legislation or advance their causes. The proposed legislation would also create a council for overseeing future increases to the minimum wage and enact workplace regulations.Mary Kay Henry, the president of the S.E.I.U., said the measure in California would be a model for other states. “California fast-food workers’ fight for a seat at the table has reshaped what working people believe is possible when they join together,” she said.Sean Kennedy, the executive vice president of public affairs at the National Restaurant Association, said the deal also benefited restaurants. “This agreement protects local restaurant owners from significant threats that would have made it difficult to continue to operate in California,” he said. “It provides a more predictable and stable future for restaurants, workers and consumers.”Even so, some franchisees said they did not support the deal.“The real issue is who is this impacting the most? It’s the franchisees,” said Keith Miller, a Subway franchisee in Northern California who has become an advocate for the interests of others like him. “There was a lot of back-room dealing that made this happen and no time for anyone to really voice opposition.”Willie Armstrong, the chief of staff for Assemblyman Chris Holden, a Democrat, who is the sponsor of A.B. 1228, said the lawmaker expected the measure to be approved by the Legislature before its session ended on Thursday.Last year, the Legislature passed Assembly Bill 257, a measure Mr. Holden also sponsored, which would have created a council with the authority to raise the minimum wage to $22 per hour for restaurant workers. Gov. Gavin Newsom signed it on Labor Day last year.But the bill met fierce opposition from business interests and restaurant companies, and a petition received enough signatures to put a measure on the November 2024 ballot to stop the law from going into effect.Other business groups in California have successfully used that tactic to change or reverse legislation they opposed.In 2020, ride-sharing and delivery companies like Uber and Instacart campaigned for and received an exemption from a key provision of Assembly Bill 5, which was signed by Mr. Newsom and would have made it much harder for the companies to classify drivers as independent contractors rather than employees.Those companies collected enough signatures to get the issue on the ballot as Proposition 22, which passed in November 2020. More than $200 million was spent on that measure, making it the costliest ballot initiative in the state at the time.And in February, oil companies received enough signatures for a measure that aims to block legislation banning new drilling projects near homes and schools. That initiative will be on the 2024 ballot.In response to calls from advocacy groups who have said the referendum process unfairly benefits wealthy special-interest groups, and in an effort to demystify a system that many Californians say is confusing, Mr. Newsom signed legislation on Sept. 8 that aims to simplify the referendum process.Kurtis Lee More

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    In a Hot Job Market, the Minimum Wage Becomes an Afterthought

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    The federal wage floor of $7.25 is increasingly irrelevant when even most teenagers are earning twice that. But what happens when the economy cools?Under New Hampshire law, Janette Desmond can pay the employees who scoop ice cream and cut fudge at her Portsmouth sweet shop as little as $7.25 an hour.But with the state unemployment rate under 2 percent, the dynamics of supply and demand trump the minimum wage: At Ms. Desmond’s store, teenagers working their first summer jobs earn at least $14 an hour.“I could take a billboard out on I-95 saying we’re hiring, $7.25 an hour,” Ms. Desmond said. “You know who would apply? Nobody. You couldn’t hire anybody at $7.25 an hour.”The red-hot labor market of the past two years has led to rapid pay increases, particularly in retail, hospitality and other low-wage industries. It has also rendered the minimum wage increasingly meaningless.Nationally, only about 68,000 people on average earned the federal minimum wage in the first seven months of 2023, according to a New York Times analysis of government data. That is less than one of every 1,000 hourly workers. Walmart, once noted for its rock-bottom wages, pays workers at least $14 an hour, even where it can legally pay roughly half that.Hardly anyone makes $7.25 anymoreAverage number of workers earning federal minimum wage

    Note: 2023 data is through July.Source: Current Population Survey, via IPUMSBy The New York TimesThere are still places where the minimum wage has teeth. Thirty states, along with dozens of cities and other local jurisdictions, have set minimums above the federal mark, in some cases linking them to inflation to help ensure that pay keeps up with the cost of living.But even there, most workers earn more than the legal minimum.“The minimum wage is almost irrelevant,” said Robert Branca, who owns nearly three dozen Dunkin’ Donuts stores in Massachusetts, where the minimum is $15. “I have to pay what I have to pay.”As a result, the minimum wage has faded from the economic policy debate. President Biden, who tried and failed to pass a $15 minimum wage during his first year in office, now rarely mentions it, although he has made the economy the centerpiece of his re-election effort. The Service Employees International Union, which helped found the Fight for $15 movement more than a decade ago, has shifted its focus to other policy levers, though it continues to support higher minimum wages.Opponents, too, seem to have moved on: When Pennsylvania’s House of Representatives voted this year to raise the state’s $7.25 minimum wage to $15 by 2026, businesses, at least aside from seasonal industries in rural areas, shrugged. (The measure has stalled in the state’s Republican-controlled Senate.)“Our members are not concerned,” said Ben Fileccia, a senior vice president at the Pennsylvania Restaurant and Lodging Association. “I have not heard about anybody being paid minimum wage in a very long time.”The question is what will happen when the labor market cools. In inflation-adjusted terms, the federal minimum is worth less than at any time since 1949. That means that workers in states like Pennsylvania and New Hampshire could struggle to hold on to their recent gains if employers regain leverage.Congress hasn’t voted to raise the minimum wage since George W. Bush was president — in 2007, he signed a law to bring the floor to $7.25 by 2009. It remains there 14 years later, the longest period without an increase since the nationwide minimum was established in 1938.As the federal minimum flatlined, however, the Fight for $15 campaign was succeeding at the state and local levels. Cities like Seattle and San Francisco adopted a $15 minimum wage, followed by states like New York and Massachusetts. And while Republican legislatures opposed raising minimums, voters often overruled them: Missouri, Florida, Arkansas and other Republican-dominated states have passed increases through ballot measures in the past decade.Nationwide, the number of people earning the minimum wage fell steadily, from nearly two million when the $7.25 floor took effect to about 400,000 in 2019. (Those figures omit people earning less than the minimum wage, which can in some cases include teenagers, people with certain disabilities or tipped workers.)Then Covid-19 upended the low-wage labor market. Millions of cooks, waiters, hotel housekeepers and retail workers lost their jobs; those who stayed on as “essential workers” often received hazard pay or bonuses. As businesses began to reopen in 2020 and 2021, demand for goods and services rebounded much faster than the supply of workers to deliver them. That left companies scrambling for employees — and gave workers rare leverage.The result was a labor market increasingly untethered to the official minimum wage. In New Hampshire, the 10th percentile wage — the level at which 90 percent of workers earn more — was just above $10 in May 2019. By May 2022, that figure had jumped to $13.64, and local business owners say it has continued to rise.Making more than the minimumLow-wage workers are making more than their state’s minimum wage nearly everywhere, but especially in states that haven’t raised their wage floors above the federal level of $7.25 an hour. (The 10th percentile wage is the pay rate at which 90 percent of workers in a state earn more.)

    Notes: Minimum wages are as of January 2022. Pay data is as of May 2022. Minimum wages in some cities and localities may be higher than the state minimum.Source: Labor DepartmentBy The New York Times“Today you’re looking at $15 an hour and saying I wish that’s all we had to pay,” said David Bellman, who owns a jewelry store in Manchester, N.H.The unemployment rate in New Hampshire was low before the pandemic; at 1.7 percent in July, it is now among the lowest rates ever recorded anywhere in the country. Competition for workers is fierce: The Wendy’s on Mr. Bellman’s drive home from work advertises wages of $18 an hour. At his own store, he is paying $17 to $20 an hour and recently hired someone away from the local bagel shop — his son had noticed that she seemed like a hard worker.“Basically the only way to hire anybody is to take them away from somebody else,” Mr. Bellman said.New Hampshire is surrounded by states where the minimum wage is above $13, so if Granite State employers tried to offer substantially less, many workers could cross the border for a bigger paycheck. But even in states like Alabama and Mississippi, where the cost of living is lower and where few neighboring states have minimum wages above the federal standard, most employers are finding they have to pay well above $7.25.Paige Roberts, president and chief executive of the Jackson County Chamber of Commerce in Mississippi, said she was “nearly laughed out of a job” when she started asking members about paying the minimum wage. Entry-level jobs there pay about $12 an hour, according to the local unemployment office.In states with higher minimums, the picture is more nuanced. Faster hikes in the wage floor in the late 2010s forced up long-stagnant wages in fields like restaurants and retail. And some businesses, such as summer camps, say they are still paying the minimum wage for entry-level workers or those in training. But for the most part, the minimums no longer exert the strong upward pressure on pay that they did when they were adopted.When New Jersey passed a minimum-wage law in 2019, many businesses complained that the increases were too aggressive: The floor would rise by at least a dollar an hour every year until it hit $15 in 2024. But recently, the hot job market has levitated the wage scale even more.Jeanne Cretella starts workers in her New Jersey restaurants and event venues at $15 an hour, though the state’s minimum won’t reach that figure until next year.Hiroko Masuike/The New York Times“Covid kind of shifted things around a bit, as did inflation,” said Jeanne Cretella, whose business, Landmark Hospitality, operates 14 venues in New Jersey and Pennsylvania.Before the pandemic, dishwashers and other entry-level employees at Landmark typically made the minimum wage. These days, Ms. Cretella starts workers in New Jersey at $15 an hour, though the state’s minimum won’t hit that mark until next year.When the Fight for $15 movement began, many economists warned that raising the minimum wage too high or too quickly could lead to job losses. Some studies did find modest negative effects on employment, particularly for teenagers and others on the margins of the labor market. But for the most part, researchers found that pay went up without widespread layoffs or business failures.Some economists still wondered what would happen as $15 minimum wages spread beyond high-cost coastal cities. But that was before the pandemic reshaped the low-wage labor market.“We’re kind of in different territory now,” said Jacob Vigdor, an economist at the University of Washington who has studied the issue.Washington has the highest statewide minimum wage, at $15.74. Yet when Mr. Vigdor recently visited Aberdeen, a small town near the Pacific coast, all business owners wanted to talk about was how to retain workers.“I did not really hear a lot of concern about those minimum wages,” he said. “There the concern is that they’re losing people.”Still, economists say the minimum wage could become relevant again when the labor market eventually cools and workers lose bargaining power.David Neumark, a professor at the University of California, Irvine, said states with high minimum wages could be at a disadvantage in a recession, because employers would have to keep pay high as demand softened, potentially leading to layoffs.Other economists have the opposite concern: that workers in states where the minimum wage remains $7.25 could see their recent gains evaporate when they no longer have the leverage to demand more.“It’s as tenuous as it gets,” said Kathryn Anne Edwards, a labor economist and policy consultant. “The labor market has gained ground, but policy has not cemented that territory.”Despite the strong labor market, many workers say they barely get by.KaSondra Wood has spent much of her adult life working for the minimum wage, from the army depot where she held her first job, earning $5.15 an hour, to the Little Caesars where she made $7.25 as recently as last year.But not anymore: This summer, she started a job cleaning rooms at a local hotel, earning $12 an hour. Even in Oneonta, Ala., a rural area with few job opportunities, employers know better than to try hiring at the minimum wage.“They wouldn’t advertise for it, knowing they wouldn’t get anyone in there,” she said.But Ms. Wood, 38, hardly feels that she is getting ahead. The hotel is a 45-minute drive from her home, so gas eats up much of her paycheck, even though she car-pools with her mother. Groceries keep getting more expensive.“A couple years ago, $12 an hour would’ve been killer money,” she said. But now, it isn’t enough to pay her bills.“I don’t ever get caught up,” she said. “I’m broke by the time I get paid.” More

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    Walmart Raises Starting Wages for Store Workers

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    The retail giant said the minimum wages for those employees would range from $14 to $19 an hour, up from $12 to $18 an hour.Walmart, the nation’s largest private employer, is significantly raising its starting wages for store workers, as it battles to recruit and retain workers in a tight retail labor market.On Tuesday, the retail giant said in a memo to employees that it was increasing its minimum wages for store workers to a range of $14 to $19 an hour, up from $12 to $18 an hour.In the memo, Walmart’s chief executive of U.S. operations, John Furner, said the increase was meant “to ensure we have attractive pay in the markets we operate.” The move would immediately affect about 340,000 of the company’s 1.3 million frontline hourly workers in stores across the United States.For years, Walmart has been under pressure from unions, policymakers and activists to raise its wages for workers in its stores. The raises announced Tuesday would increase the average wage across Walmart stores to roughly $17.50 an hour from about $17, though the company’s average wage still trails some competitors like Costco.“We want to make sure we attract the best associates,” a Walmart spokesperson, Anne Hatfield, said in an interview.The raises, which will take affect in March, come amid still persistently high inflation, which has been particularly difficult to navigate for low-wage workers whose paychecks are being stretched by the costs of food, fuel and other basic necessities.The move by Walmart is also a curiously optimistic sign regarding the broader economy: One of the nation’s largest companies is taking steps to retain workers, even as other large employers have been announcing layoffs.Mark Zandi, the chief economist at Moody’s Analytics, said he was surprised that Walmart had raised wages “so significantly” given the risks of a recession.“It suggests that Walmart doesn’t think the economy will suffer a recession anytime soon, or that if it does, it will be a short-lived and modest downturn,” Mr. Zandi said in an email.The move may also reflect the longer-term challenges that retailers face in retaining workers as baby boomers age out of the work force and the labor pool shrinks, he said.Even though the raises will ease the inflationary strain on Walmart workers, they may inadvertently prolong the problem broadly by boosting wages across other sectors of the economy.“Walmart’s move to hike their minimum wage may also complicate the Fed’s efforts to quell wage pressures and thus inflation,” Mr. Zandi said, “as the decision may impact wage hikes and price increases in other labor-intensive industries such as health care, hospitality and personal services that the Fed is focused on in its fight against inflation.” More

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    Battle Over Wage Rules for Tipped Workers Is Heating Up

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    A system counting tips toward the minimum wage is being fought in many places. Critics say it’s often abused. Defenders say workers benefit overall.With Americans resuming prepandemic habits of going out, eating out and traveling, leisure and hospitality businesses have scrambled to hire, sometimes offering pay increases that outpace inflation.But for many whose pay is linked to tips, like restaurant servers and bartenders, base wages remain low, and collecting what is owed under the law can be a struggle.In all but eight states, employers can legally choose to pay workers who receive tips a “subminimum” wage — in some places as low as $2.13 an hour — as long as tips bring their earnings to the equivalent of the minimum wage in a pay period. Economists estimate that at least 5.5 million workers are paid on that basis.The provision, known as the tip credit, is a unique industry subsidy that lets employers meet pay requirements more cheaply. And even in a tight labor market, it is often abused at the employees’ expense, according to workers, labor lawyers, many regulators and economists.“It’s baked into the model,” said David Weil, the administrator of the Wage and Hour Division of the Labor Department under President Barack Obama, referring to the frequency of violations. “And it’s very problematic.”Terrence Rice, a bartender from Cleveland who has worked in the bar and restaurant industry since 1999, chuckled at the notion that the law is consistently followed.“As long as I’ve been doing this, I have never, ever — not one time — met anyone that’s been compensated” for a below-minimum pay period, he said, adding that slow weeks with inadequate pay are viewed as the “feast or famine” norm in the industry. Busier seasons, weekends or shifts can bring a rush of a cash followed by slow weekdays, bad-weather weeks or economic turbulence.Now the yearslong arrangement is coming under increasing challenge.In the District of Columbia, a measure on the November ballot would ban the subminimum wage by 2027. A ballot proposal in Portland, Maine, would ban subminimum base pay and bring the regular minimum wage to $18 an hour over three years.Employers in Michigan are bracing for increased expenses in February, when the state tipped minimum of $3.75 an hour is set to be discontinued and the regular state minimum wage will rise to $12 from $9.87.Xander Gudejko, a district manager for Mainstreet Ventures Restaurant Group, which owns spots throughout Michigan, offered a common view in the local business community: “When I think of the potential positives for us, I can’t really think of anything.”Though tipped employees can include hotel housekeepers, bellhops, car washers and airport wheelchair escorts, most are in food and beverage service jobs. Perfect compliance may involve a complex dance of having workers clock in at the minimum-wage rate for setup work until opening, clock out, then clock back in at a tipped wage.Businesses using the two-tier system are prohibited from having tipped employees spend more than 20 percent of their shifts on side work like rolling silverware or cleaning. They also cannot include back-of-house employees, like kitchen workers, in tip pooling — the collection and redistribution of all gratuities at a certain rate, usually set by the employer.The last robust compliance investigation of full-service restaurants by the Labor Department is somewhat dated, having ended in 2012, but it found that 83.8 percent of the examined firms were in violation of labor law, with a large share of the infractions related to tips.The National Restaurant Association, which represents over 500,000 small and larger restaurants, argues that instances of illegal underpayment of tipped workers are overstated and that workers, customers and employers, in general, find the system workable.“There’s a reason people choose tipped restaurant jobs — they know the economics are in their favor,” said Sean Kennedy, the group’s executive vice president of public affairs. “For many servers, they’ve chosen restaurants as a career because their industry skills and knowledge mean high earning potential in a job that’s flexible to their needs.”Ryan Stygar, a labor lawyer and a managing partner at Centurion Trial Attorneys, whose practice mostly represents workers in wage-theft cases but also defends businesses accused of violations, called the network of laws surrounding tipped workers “so bizarre and obscure” that employers acting in good faith can still make legal mistakes.Even when the law is followed to the letter, Mr. Stygar said, the system is unfair to workers. “You are sacrificing your tips to meet the employers’ minimum-wage obligations,” he said.Employers are required to keep records of tips and usually do so through a mix of their own accounting, credit card receipts and self-reporting from staff members. Most involved in the system say the tracking works in murky ways.“In reality, who’s monitoring this complex two-tier system?” said Sylvia Allegretto, a former chair of the Center on Wage and Employment Dynamics at the University of California, Berkeley.“The onus is on you, the worker, to possibly enrage, or at least annoy, your boss, who also, coincidentally, controls your schedule,” she said.Talia Cella, a training manager at Illegal Pete’s, a fast-casual burrito spot in Boulder, Colo. The restaurant offers starting pay of $15 plus tips as well as health care coverage.Andrew Miller for The New York TimesIn many civil disputes, employment attorneys have successfully argued before courts that managers implicitly wield opportunities to work more lucrative shifts as a carrot for not rocking the boat on workplace abuse and as a stick to prevent retaliation.Sylvia Gaston, a waitress at a restaurant in Astoria, Queens, said her base wage is $7.50 an hour — even though New York City’s legal subminimum is $10, which must come to at least $15 after tips. Ms. Gaston, 40, who is from Mexico, feels that undocumented workers like her have a harder time fighting back when they are shortchanged.“It doesn’t really matter if you have documents or not — I think folks are still getting underpaid in general,” she said. “However, when it comes to uplifting your voices and speaking about it, the folks who can get a little bit more harsh repercussions are people who are undocumented.”Subminimum base pay for some tipped workers in the state, such as car washers, hairdressers and nail salon employees, was abolished in 2019 under an executive order by Gov. Andrew M. Cuomo, but workers in the food and drinks industry were left out.Gov. Kathy Hochul, Mr. Cuomo’s successor, said while lieutenant governor in 2020 that she supported “a solid, full wage for restaurant workers.” And progressive legislators plan a bill in January that would eliminate the two-tier wage system by the end of 2025.When The New York Times asked if she would support such changes, Ms. Hochul’s office did not answer directly. “We are always exploring the best ways to provide support” to service workers, it said.Proponents of abandoning subminimum wages say there could be advantages for employers, including less turnover, better service and higher morale.David Cooper, the director of the economic analysis and research network at the Economic Policy Institute, a progressive think tank, contends that when wage laws are changed to a single-tier system, business owners can have the assurance that “every single person they compete with is making the same exact adjustment,” reducing the specter of a competitive disadvantage.Still, he acknowledged, there would downsides. Restaurants and bars with less popularity and lower productivity could lose out in a substantially higher-wage environment, leading to higher prices and potentially closings.“This is not costless,” Mr. Cooper said. “But for a long time, we haven’t been internalizing the costs of paying workers less than they can live on.”Some employers who could use the two-tier wage system are taking a different approach.Talia Cella, 33, is a training manager at Illegal Pete’s, a burrito spot founded in Boulder, Colo., with locations throughout Arizona and Colorado. Those states have a subminimum wage under $10 an hour for tipped workers, and a regular minimum under $13. Illegal Pete’s offers starting pay of $15 plus tips as well as health care coverage.Before rising to her current position, Ms. Cella was hired as a server and trained as a bartender in 2016. She was previously making base pay of $5 an hour elsewhere as a waitress and hostess, unable to afford a car and biking to the bus stop in snow to make winter shifts.Even at what her company is paying, Ms. Cella said, recruiting and hiring are “more challenging than ever” because of labor shortages. But she said the business, with the help of a recent 10 percent price increase, remained profitable and was able to expand despite soaring food costs.She attributes this, in part, to “out-vibing” the competition.“Having work be a stable part of your life — where it’s like you go there, you’re getting paid a living wage, you have health insurance, you know this place cares about you — then you’re more likely to show up to work and give your best,” Ms. Cella said. “If you want people to give you more of themselves, more of their time, more of their effort, then you have to be willing to invest more of your company into the individual people as well.” More

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    Have You Been Shortchanged on Tipped Wages? We Want to Hear From You.

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    Most states allow workers to be paid less than the usual minimum wage if they get tips. Experts say the system is often abused at employees’ expense.In most states, employees who receive tips can be paid a subminimum wage as long as tips bring their earnings to the equivalent of the minimum wage in a given pay period. Many experts say the system is often abused at employees’ expense.Do you work for tips in the hospitality industry, make base pay that is below the minimum wage and feel that you’ve illegally lost income recently? If so, The New York Times would like to hear about your experiences.We will not publish any part of your submission without contacting you first. We may use your contact information to follow up with you.We’d like to know about problems you’ve had collecting your pay as a tipped worker. More

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    California Senate Passes Bill to Regulate Fast-Food Industry

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    If signed by Gov. Gavin Newsom, the measure would create a state council to establish minimum pay and safety conditions on an industrywide basis.The California State Senate passed a bill on Monday that could transform the way the service sector is regulated by creating a council to set wages and improve working conditions for fast-food workers.The measure, known as A.B. 257, passed by a vote of 21 to 12. The State Assembly had already approved a version of the measure, and it now requires the approval of Gov. Gavin Newsom, who has not indicated whether he will sign it. The bill was vehemently opposed by the fast-food industry.The bill could herald an important step toward sectoral bargaining, in which workers and employers negotiate compensation and working conditions on an industrywide basis, as opposed to enterprise bargaining, in which workers negotiate with individual companies at individual locations.“In my view, it’s one of the most significant pieces of state employment legislation that’s passed in a long time,” said Kate Andrias, a labor law expert at Columbia University. “It gives workers a formal seat at the table with employers to set standards across the industry that’s not limited to setting minimum wages.”While sectoral bargaining is common in Europe, it is rare in the United States, though certain industries, like auto manufacturing, have arrangements that approximate it. The California bill wouldn’t bring true sectoral bargaining — which involves workers negotiating directly with employers, instead of a government entity setting broad standards — but incorporates crucial elements of the model.The bill would set up a 10-member council that would include worker and employer representatives and two state officials, and that would review pay and safety standards across the restaurant industry.The council could issue health, safety and anti-discrimination regulations and set an industrywide minimum wage. The legislation caps the figure at $22 an hour next year, when the statewide minimum wage will be $15.50. The bill also requires annual cost-of-living adjustments for any new wage floor beginning in 2024.Restaurant chains with at least 100 locations nationwide would come under the council’s jurisdiction — including companies like Starbucks that own and operate their stores as well as franchisees of large companies like McDonald’s. Hundreds of thousands of workers in the state would be affected.The council would shut down after six years but could be reconvened by the Legislature.Mary Kay Henry, the president of the nearly two-million-member Service Employees International Union, which pushed for the legislation, said it was critical because of the challenges that workers have faced when trying to change policies by unionizing store by store.“The stores get closed or the franchise owner sells or the multinational pulls the lease for the real estate,” Ms. Henry said. Franchise industry officials say it is extremely rare to close a store in response to a union campaign. Starbucks recently closed several corporate-owned stores across the country where workers had unionized or were trying to unionize, citing safety concerns like crime, though the company also closed a number of nonunion stores for the same stated reasons. Industry officials argue that the bill will raise labor costs, and therefore menu prices, when inflation is already a widespread concern. A recent report by the Center for Economic Forecasting and Development at the University of California, Riverside, estimated that employers would pass along about one-third of any increase in labor compensation to consumers.“We are pulling the fire alarm in all states to wake our members up about what’s going on in California,” said Matthew Haller, the president of the International Franchise Association, an industry group that opposes the bill. “We are concerned about other states — the multiplier effect of something like this.”Ingrid Vilorio, who works at a Jack in the Box franchise near Oakland, Calif., and who pressed legislators to back the bill during several trips to Sacramento, the state capital, said she believed the measure would lead to improvements in safety — for example, through rules that require employers to quickly repair or replace broken equipment like grills and fryers, which can cause burns.Ms. Vilorio said she also hoped the council would crack down on problems like sexual harassment, wage theft and denial of paid sick leave. She said she and her co-workers went on strike last year to demand masks, hand sanitizer and the Covid-19 sick pay they were entitled to receive. Jack in the Box did not respond to a request for comment.Mr. Haller said state agencies were already authorized to crack down on employers who violate laws governing the payment of wages, safety, discrimination and harassment.“The state has the existing tools at its disposal,” Mr. Haller said. “They should be more fully funded rather than put a punitive target on a subsection of a sector.”Mr. Haller and other opponents have cited a critique by the state’s Department of Finance arguing that the bill “could lead to a fragmented regulatory and legal environment for employers” and “exacerbate existing delays” in enforcement by increasing the burden on agencies that oversee existing rules. The bill does not provide additional funding for enforcement agencies.David Weil, who under President Barack Obama oversaw the agency that enforces the federal minimum wage, said that, while funding is critical for labor regulators, the new council could benefit a broad swath of workers even without additional funding. For example, he said, raising the minimum wage for fast-food workers could increase wages for workers in other sectors, like retail, that compete with fast-food restaurants for labor.But Dr. Weil agreed that creating new standards in the fast-food industry could end up drawing resources away from the enforcement of labor and employment laws in other industries where workers may be equally vulnerable.Opponents managed to secure a number of concessions in the State Senate, such as preventing the council from creating sick-leave or paid-time-off benefits, or rules that restrict scheduling.The Senate also eliminated a so-called joint liability provision, which would have allowed regulators to hold parent companies like McDonald’s liable for violations by franchise owners. More

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    Employer Practices Limit Workers’ Choices and Wages, U.S. Study Argues

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    A Biden administration report says collusion and other constraints on competition hold down pay and prospects in the labor market.The recent narrative is that there is a tight labor market that gives workers leverage. But a new report from the Biden administration argues that the deck is still stacked against workers, reducing their ability to move from one employer to another and hurting their pay.The report, released Monday by the Treasury Department, contends that employers often face little competition for their workers, allowing them to pay substantially less than they would otherwise.“There is a recognition that the idea of a competitive labor market is a fiction,” said Ben Harris, assistant Treasury secretary in the office of economic policy, which prepared the report. “This is a sea change in economics.”The report follows up on a promise made by President Biden last summer when he issued an executive order directing his administration to address excessive concentration in the market for work.Drawing from recent economic research, the report concludes that lack of competition in the job market costs workers, on average, 15 to 25 percent of what they might otherwise make. And it emphasizes that the administration will deploy the tools at its disposal to restore competition in the market for work.“This is the administration declaring where it is on the enforcement of antitrust in labor markets,” Tim Wu, a special assistant to the president for technology and competition policy on the National Economic Council, said in an interview in which he laid out the report’s findings. “It is sending a strong signal about the direction in which antitrust enforcement and policy is going.”Across the economy, wage gains generally come about when a worker changes jobs or has a credible offer from outside that will encourage the current employer to provide an increase, argues Betsey Stevenson, a professor of economics at the University of Michigan who was on President Barack Obama’s Council of Economic Advisers.The State of Jobs in the United StatesEmployment growth accelerated in February, as falling coronavirus cases brought customers back to businesses and workers back to the office.February Jobs Report: U.S. employers added 678,000 jobs and the unemployment rate fell to 3.8 percent ​​in the second month of 2022.Wages and Prices: A labor shortage is helping to push up workers’ pay. With inflation running hot, that could be a problem for the Federal Reserve.Service Workers:  Even as employers scramble to fill vacancies, service workers are seeing few gains. Part-time work is partly to blame.Unionization Efforts: The pandemic has fueled enthusiasm for organized labor. But the pushback has been brutal, especially in the private sector.New to the Work Force: Graduating college seniors will start their career without the memory of prepandemic work life. Here is what they expect.“Companies are well aware of this,” she said in an interview, so they rally around a simple solution: “If we just stop competing, it will be better for everybody.”The Treasury report lays out the many ways in which employers do this. There are noncompete agreements that bar workers from moving to a competitor, and nondisclosure agreements that keep them from sharing information about wages and working conditions — critical information for workers to understand their options. Some companies make no-poaching deals.“There is a long list of insidious efforts to take power out of the hands of workers and seize it for employers’ gain,” said Seth Harris, deputy director at the National Economic Council and deputy assistant to the president for labor and the economy.This is happening against a backdrop of broad economic changes that are hemming in the options of many workers, especially at the bottom end of the job market.The outsourcing of work to contractors — think of the janitors, cafeteria workers and security guards employed by enormous specialist companies, not by the companies they clean, feed and protect — reduces the options for low-wage workers, the report argues.The mergers and acquisitions that have consolidated hospitals, nursing homes, food processing companies and other industries have also reduced competition for workers, the study says, curtailing their ability to seek better jobs.The report notes, for instance, that mergers trimmed the number of hospitals in the United States to 6,093 in 2021, from 7,156 in 1975. It cites research into how some of these mergers have depressed the wage growth for nurses, pharmacy employees and other health workers.The Treasury’s document is drawn from a body of research that has been growing since the 1990s, when a seminal paper by David Card and Alan B. Krueger found that raising the minimum wage did not necessarily reduce employment and could even produce more jobs.The conclusion by Mr. Card and Mr. Krueger, which economists would consider impossible in a competitive labor market in which rising labor costs would reduce employer demand, started the discipline down a path to investigate the extent to which employers competed for workers. If a few employers had the power to hold wages below the competitive equilibrium, raising the wage floor might draw more workers in.Lack of competition, the Biden administration argues, goes a long way to explain why pay for a large share of the American work force is barely higher, after accounting for inflation, than it was a half-century ago. “The fact that workers are getting less than they used to is a longstanding problem,” Ms. Stevenson, who was not involved in the Treasury report, noted.Anticompetitive practices thrive when there are fewer competitors. If workers have many potential employers, they might still agree to sign a noncompete clause, but they could demand a pay increase to compensate.Even if there is no conclusive evidence that the labor market is less competitive than it used to be, the report says, researchers have concluded that there is, in fact, very little competition.Suresh Naidu, a professor of economics at Columbia University, argues, moreover, that institutions like the minimum wage and unions, which limited employers from fully exercising their market power, have weakened substantially over time. “The previously existing checks have fallen away,” Mr. Naidu said.Unions are virtually irrelevant across much of the labor market. Only 6 percent of workers in the private sector belong to one. The federal minimum wage of $7.25 an hour is so low that it matters little even for many low-wage workers. The Treasury report argues that an uncompetitive labor market is reducing the share of the nation’s income that goes to workers while increasing the slice that accrues to the owners of capital. Moreover, employers facing little competition for workers, it argues, are more likely to offer few benefits and impose dismal working conditions: unpredictable just-in-time schedules, intrusive on-the-job monitoring, poor safety, no breaks.The damage runs deeper, the report says, arguing that uncompetitive labor markets reduce overall employment. Productivity also suffers when workers have a hard time moving to new jobs that could offer a better fit for their skills. Noncompete clauses discourage business formation when they limit entrepreneurs’ ability to find workers for their ventures.Addressing the issues that the report singles out is likely to be an uphill task. The administration’s push to increase the federal minimum wage to $15 has been unsuccessful. In Congress, bills that would ease the path for workers to join a union face long odds. Going after noncompete clauses, no-poaching deals and other forms of anticompetitive behavior would be an easier task.Last year, the Justice Department’s antitrust division brought several cases challenging no-poaching and wage-setting agreements. In January, four managers of home health care agencies in Maine were indicted on federal charges of conspiring to suppress the wages and restrict the job mobility of essential workers during the pandemic.Still, deploying antitrust enforcement in the job market is somewhat new. It has been used mostly to ward off anticompetitive behavior that raises prices for consumers in product and service markets. Persuading courts to, say, prevent a merger because of its impact on wages might be tougher.A note by the law firm White & Case, for instance, complained that the move to block Penguin Random House’s attempt to buy Simon & Schuster on the grounds that it would reduce royalties to authors is “emblematic of the Biden administration’s and the new populist antitrust movement’s push to direct the purpose of antitrust away from consumer welfare price effects and towards other social harms.” More