Who must post the California Minimum Wage Fast Food Supplement Poster?
The California Minimum Wage Fast Food Supplement Poster must be posted by Fast Food Restaurant employers covered by California’s fast food minimum wage law. (Lab. Code § 1474, et. seq.)
To be considered a Fast Food Restaurant, the restaurant must meet ALL of the following:
- 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. An establishment is a single restaurant location offering food or beverages to customers. Business locations performing only administrative, warehouse, or food preparation work are not counted as “establishments.”
- The restaurant is primarily engaged in selling food and beverages for immediate consumption.
Covered employers must post the Supplement in addition to the general minimum wage order (MW-2024). Covered employers are also required to post IWC Order 5 or 7, which have been updated to reflect the fast food minimum wage law.
Fast Food Supplement Poster description:
The Supplement informs employees that Fast Food Restaurant employers, regardless of the number of employees, must pay to each employee wages not less than $20.00 per hour for all hours worked, effective April 1, 2024.
The Supplement:
- applies only to employees employed by covered Fast Food Restaurant employers.
- provides the legislative background of the fast food minimum wage law and links to online information.
- establishes a special minimum wage rate separate from the amount in stated in Section 2 of the general minimum wage order and Section 4 of IWC Orders 5 and 7. It makes no changes to other provisions of the industry and occupation orders.
Other key elements of the fast food minimum wage law:
- The law applies to franchisees of the national brand.
- The law exempts:
- Restaurants that operate a bakery on-site and sell a bread menu item weighing at least ½ pound.
- Restaurants located within and operated by a grocery establishment, if the grocery establishment is over 15,000 sq. ft. in size and sells primarily foodstuffs for offsite consumption.
- The law does not permit an employer to use an employee’s tips as a credit toward its minimum wage obligation.