Retail

Fast-food workers will make $20 an hour in California. Here's why Panera Bread was exempted from the new law.

California fast-food workers at Panera Bread won't receive a pay boost under new law that exempts restaurants that make and sell bread.
California fast-food workers at Panera Bread won't receive a pay boost under new law that exempts restaurants that make and sell bread. Houston Chronicle/Hearst Newspapers via Getty Images
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Starting next April, 557,000 fast-food workers in California will get a nearly 30% pay increase to $20 an hour at 30,000 restaurants in the state.

But if you work at Panera Bread or Boudin Bakery, don't expect to benefit from the wage boost.

New fast-food legislation signed into law Thursday by California Gov. Gavin Newsom does not include quick-service restaurants that make and sell their own bread.

It's unclear how restaurant chains like Panera Bread came to be exempt from the fast-food law.

"That's part of the sausage-making," Newsom said when asked about the quirky exemption during a press conference.

An establishment that bakes bread for sale on its premises is not considered a fast-food restaurant, the new law states. "This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item."

California's current minimum wage is $15.50. It goes up to $16 an hour in January. Under the new law signed by Newsom, thousands of fast-food workers making minimum wage in the state will get another increase to $20 an hour in April.

The new law replaces the controversial FAST Recovery Act, which called for the minimum wage for fast food workers to increase to $22 an hour in 2023.

Newsom signed the FAST Act into law last year. But corporate chains such as McDonald's, Chipotle, and Chick-fil-A, and franchise advocacy groups fought the law. A coalition of restaurant industry organizations, who said the law could raise costs for fast-food restaurants by $3 billion, rallied to get a referendum on the ballot.

The new law, AB 1228, represents a compromise between labor unions representing fast food workers and the restaurant industry.

Besides dropping the minimum wage boost to $20 an hour, the new law allows a fast-food council to adjust only wages. In the previous legislation, the panel had more powers over workplace conditions, training, and working conditions.

The council can increase the minimum wage yearly by up to 3.5% or the change in the US consumer price index, whichever is less. The FAST Act exempted bakeries that make and sell bread, and that provision remained in the new bill.

Newsom said the Panera and Boudin exemption was part of the "original bill, and we went back and forth, and that was part of the negotiation. It's the nature of negotiation trying to get a referendum off the ballot."

Editor's note March 1, 2024: California Gov. Gavin Newsom is now arguing that Panera Bread may not be exempt from California's fast-food wage increase, following a report that he pushed for the exemption language and scrutiny of past donations from a Panera franchisee owner.

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Nancy Luna was a correspondent on the Retail desk. She covered food tech solutions and disruptors in the restaurant and grocery industries, including Instacart, Reef Technology, Kitchen United, DoorDash, Uber Eats, Grubhub, Gopuff, Olo, and ToastNancy has covered the restaurant beat since 2005. She's written about the nation's top brands, including McDonald's, Taco Bell, Chili's, Subway, Pizza Hut, KFC, Chipotle Mexican Grill, Domino's, Shake Shack, Chick-fil-A, Starbucks, Burger King, Wendy's, and In-N-Out Burger.   Before coming to Business Insider in December 2020, Nancy previously worked as a senior editor and tech editor at Nation's Restaurant News. While there, Nancy covered a variety of topics – operations, e-commerce, emerging brands, delivery, automation, ghost kitchens, and virtual brands. Before NRN, Nancy was a business writer at The Orange County Register, where she penned the nationally known blog, Fast Food Maven, from 2007 to 2012. She covered the Southern California grocery strikes, the Great Recession's impact on the restaurant industry, and emerging fast-casual and chef-driven brands.