(02-14-2024 04:20 PM)Hambone10 Wrote: (02-14-2024 03:34 PM)tanqtonic Wrote: I didnt misunderstand the issue, nor your solution. The bill is worded as to be untied to 'ownership' principles as to 'number of outlets'.
Let's start with the idea that I used McDonald's because I used to stop by one most mornings on my way from Embarcadero to my office at North Beach for a fountain diet Coke... so I think about the idea that my $2 daily indulgence Diet Coke would probably now be more/cost prohibitive without a raise, which I probably wouldn't have gotten.... hence I ignored the 'franchise' model... because this isn't about McDonald's... but about a company that utilizes a lot of lower skill/wage employees. I am of course assuming that at the margin, these expenses would matter enough. Maybe a company that makes low skill, perishable widgets and thus had factories across the country would be a better example, but all THEY would do is move their factory slightly outside the 'zone', and then ship their products in. Maybe people in SF would pay $18 for McDonald's when 'Joe's Burger Shack' could open up next door and sell the identical food for $14 because they don't have to pay $50/hr.
The law is specifically targeted at fast food outlets. On its face.
Quote:The reason I suggested that you misunderstand my comment is that I am looking at 'ownership' in terms of stockholders and not in terms of the parent company.... so in my example, McDonald's would have NO stores in Cali, subject to the min wage law... and MacDowell's, which is a new company, not owned by McDonald's at all, even though it has many of the same shareholders.... would have 59... and not be subject to this min wage as a result.
It doesnt matter how you slice that pie under the wording of the statute.
If there is *an* outlet in CA, and that outlet has 60 or more across the nation, and they share common or standardized decor, marketing, packaging, products, and services --- it kicks in.
Doesnt matter if any are commonly owned. Or all separately owned. Ownership is simply immaterial in the context of the bill.
And the language isnt limited to exact matches in decor, marketing, packaging, products, and services.
The *only* safe haven is to share similar 'locales' with no more than 59 others across the United States. No matter who owns the 'group of 60', no matter who owns any of the group of 60 -- as a whole or in part.
Literally the aspect that is covered can be noted in the following hypothetical ---
Assume a dude has 59 'Central Texas Chicken Pluckers' in Central Texas. He opens a single instance in Cali -- the Cali location is drawn in.
Assume that his deadbeat brother in law opens a single up in San Carlos, and without permission copies the name, menu, some of the color scheme, and has maybe some even more small similarities to the Texas ones -- the Cali location is drawn in. Without there even being a franchise agreement, nor any common ownership with the Texas ones. Nor any permission mind you.
Change it to all of the Texas ones being individually owned, but have a common operating agreement with respect to decor, marketing, packaging, products, and services. Same result for Cali.
The only issue in the issue of having to do the increased MW is in the common, similar, or standardized decor, marketing, packaging, products, and services, and there being at least 60 other places you share the above with, or have very similar to one another.
The only way that your scheme would work is that if each group of 60 (no matter who the owners are) is quite disparate from any of the other groups of 60 in terms decor, marketing, packaging, products, and services (that is, the thing that franchises, or large corporate fast foods have as an advantage --- a franchisee of a Mickey Ds, or a Chik-fil-A has a built in advantage of literally thousands of other little islands of CFA doing their marketing for them, as well as the main corporate entity (and the same advantages of large corporate owned fast food places).
Ownership simply isnt a factor in the Cali legislation. Interestingly enough the Cali legislation draws a line in the law to target places that primarily do not have wait-staff services, thus keeping a target off Chilis- style places....
Quote:Of course there are other implications and things we don't know... which may make 'McDonald's' not a good example based on some unique characteristics of their business model... but the concept still works.
No -- it doesnt.
Quote:If you have other information, I'd be happy to see it.
The bill itself is a starting point.