- The Washington Times - Friday, July 24, 2015

New York Gov. Andrew Cuomo’s plan to selectively raise minimum wage for industries through an unelected wage board instead of the state legislature may land him in court.

Restaurant franchisees are considering a lawsuit to counter the governor’s plan to raise minimum wage at their establishments to $15 an hour while giving other industries a pass.

“Singling out fast-food restaurants while ignoring other industries that hire workers who are paid under $15 is unfair and discriminatory, harms New York workers, and puts some New York businesses — including mine and my fellow New York McDonald’s franchisees — at a competitive disadvantage,” said Jack Bert, who owns seven McDonald’s restaurants in Queens, The Associated Press reported.

Mr. Cuomo’s targeted minimum-wage hike plan was endorsed Wednesday by a wage board that he set up after attempting to work through the state legislature was unsuccessful. The plan still must be approved by the labor commissioner, AP reported.

“I am the executive. Therefore I use executive power,” Mr. Cuomo said Thursday, AP reported.

If enacted, other industries will still be allowed to pay their employees $8.75 an hour.

“What about a Starbucks in a Target? Are the employees working the Starbucks going to make $15 while the people in electronics make $9?” asked Melissa Fleischut, president and CEO of the New York State Restaurant Association, AP reported. “We’ve never seen a single industry targeted in this respect.”

Attorney Randy Mastro and other lawyers representing the fast-food industry are examining the governor’s measure before committing to a lawsuit.

“This proposal is an irrational and discriminatory race to judgment to achieve a predetermined outcome,” Mr. Mastro said, AP reported.

• Douglas Ernst can be reached at dernst@washingtontimes.com.

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