Q&A
Mastro's involvement in fighting against minimum wage increases for fast food workers
4:13:26
·
4 min
Council Member Brannan questions Mastro about his role in opposing minimum wage increases for fast food workers. Mastro defends his position, arguing that he was advocating for fair application of the wage increase across all fast food establishments.
- Brannan highlights Mastro's work opposing the $15 minimum wage for fast food workers
- Mastro argues he was representing franchisees, who are small business owners
- Discussion of Mastro's representation of the National Restaurant Association
- Brannan points out that the wage hike was ultimately successful without negative consequences
- Mastro contends he was arguing for a broader application of the minimum wage increase
Justin Brannan
4:13:26
Okay.
4:13:26
Let's move on to the minimum wage in the fight for 15.
4:13:31
As you know, in 2012, the fight for 15 movement began when a group of fast food workers walked out of their jobs demanding a $15 an hour wage and a union.
4:13:41
At that time, fast food CEOs were among the highest paid corporate executives, averaging $23,800,000 a year, while entry level food service workers in New York State earned, on average, $16,920 per year.
4:13:56
In 2015, Governor Cuomo convened a wage board to examine the minimum wage of the fast food industry.
4:14:03
You were hired to fight that and contest that.
4:14:06
In the July 21 2015 article in the American lawyer, regarding your fight against the fast food workers wage hike you were described as having developed a reputation for challenging various government actions or as you've apparently put it, who's better to know when government screws up than a former deputy mayor who's a litigator.
4:14:25
So it was raising the minimum wage for fast food workers to screw up.
Randy Mastro
4:14:31
So you understand what that case was about.
4:14:35
My clients who who who are franchises of major national chains, the $15 minimum wage was only raised for those national food chain franchises.
4:14:48
The franchisees are actually independent small businesses.
4:14:53
They pay the big chains.
Neil Getnick
4:14:56
Understood.
4:14:56
Right.
UNKNOWN
4:14:56
But do
Randy Mastro
4:14:56
you but but let let me no.
Justin Brannan
4:14:58
I under I understand the case.
4:14:59
I I was well, I was there.
4:15:00
I understand the case.
Randy Mastro
4:15:02
I I argued in favor.
Justin Brannan
4:15:03
Do you believe that fast food work.
Randy Mastro
4:15:04
Every one
Justin Brannan
4:15:05
believe that fast food workers deserve their raise.
Randy Mastro
4:15:08
Absolutely.
Justin Brannan
4:15:08
Then why did you fight against it?
Randy Mastro
4:15:10
Because a subset of them.
Justin Brannan
4:15:13
So only some of them deserve their raise, not all of them.
Randy Mastro
4:15:16
Absolutely right.
4:15:17
Only the national chain.
4:15:18
Got it.
4:15:19
Okay.
4:15:19
Let's move on.
4:15:20
Wait.
4:15:20
Wait.
4:15:20
Wait.
4:15:20
Wait.
4:15:21
We gotta keep moving.
4:15:21
We we argued for I'm reclaiming my time.
4:15:24
For claiming
Justin Brannan
4:15:24
my time.
Randy Mastro
4:15:25
Fast food worker.
Jumaane Williams
4:15:26
Chair?
Justin Brannan
4:15:28
Mister Mastro, you also represented the National Restaurant Associates the other NRA.
4:15:33
The Association has spent decades fighting increases to minimum wage at the federal and state levels as well as a subminimum wage paid to tip workers like waiters.
4:15:42
The NRA, the National Restaurant association also opposed New York state's proposed $15 minimum wage for fast food workers.
4:15:50
You called it without support and data, logic or law, an arbitrary, capricious, irrational, and unreasonable.
4:15:57
Thankfully, you lost and the workers got a a raise.
4:16:01
The wage hike has since gone through.
4:16:03
And this January, the minimum wage in New York City, Long Island, Westchester went up to $16.
4:16:08
Since 2018, fast food prices have generally increased at the same rate as inflation.
4:16:13
Average weekly earnings for fast food workers increased in conjunction with the increases in the minimum wage and fast food employment has continued to grow.
4:16:21
So clearly, fast food workers got to raise, and the sky did not fall, and the world did not end.
4:16:26
Even though you are well above an average earner, were you unable to see the benefit of an increased minimum wage for working people of New York City?
Randy Mastro
4:16:34
I did see the benefit.
4:16:36
I said it was arbitrary and irrational and capricious because the $15 minimum wage should have applied to all fast food workers.
4:16:44
The pizzeria, the deli.
4:16:46
In fact, the $15 minimum wage should have applied to all workers.
4:16:50
The challenge was very limited because the governor had happened it to only national franchisees and not give it it to the other workers.
4:16:59
So those are the facts.
4:17:01
I favored the $15 minimum wage.
4:17:03
I argued in favor of across the board.
4:17:07
That was fair.
4:17:09
That was rational, not just fast foods.
Peter Carnival
4:17:12
So you're you're con leader, the
Randy Mastro
4:17:14
governor, Jennifer.
Justin Brannan
4:17:14
You're mister Mastro, you're contending that you were fighting to get more workers' arrays and not to to block the arrays altogether?
Randy Mastro
4:17:21
We argued in court.
4:17:22
That the $15 minimum wage was irrational unless it was applied to all fast food workers.
4:17:29
And you can find that in our court papers.
Justin Brannan
4:17:31
Okay.
4:17:31
So giving workers a raise to you is irrational.
4:17:34
Got it.
4:17:34
Mister Mastro No.
4:17:35
Most senior partners
Randy Mastro
4:17:36
give it to all.
Justin Brannan
4:17:38
To all.
4:17:38
Most senior partners at well regarded law firms like the ones you practice and have their pick of clients.
4:17:44
Their docket is so full that they can afford to turn away work they don't want.
4:17:48
You chose to engage in a fight to suppress the wages of fast food workers.
4:17:52
So should the fast food workers in the city be troubled that you might be the next corporation council?
Randy Mastro
4:17:57
I I don't the short answer is no because I actually advocated that all fast food workers, not just from national franchisees, should get a $15 minimum wage.
4:18:08
So I think fast food workers appreciate that I took that position with the local pizzeria and the deli.
Justin Brannan
4:18:15
Okay.
4:18:15
Thank you, Chad.