Wednesday, January 14, 2026

California’s $20 Fast-Food Wage Law: the exemptions, the winners — and the political donor question

 


Communism at its finest 

California’s $20-per-hour fast-food wage law was sold as a clean, simple promise: higher pay for workers. In practice, it came with carve-outs, exemptions, job losses, closures, and at least one highly connected beneficiary that sparked a statewide controversy.

Here’s the full picture — without the spin.


The law — and its built-in exceptions

The law does not apply to all fast-food workers. It applies only to limited-service chains with 60 or more locations nationwide, and even then, multiple exemptions remove entire categories of restaurants and workers from coverage.

1. The “bread bakery” exemption

A fast-food chain is exempt if it:

  • Produces and sells bread as a stand-alone menu item

  • Makes the dough and bakes it on-site

  • Was doing so before September 15, 2023

This exemption became the most controversial part of the law because it appeared tailored to benefit certain large bakery-café chains while leaving competitors fully exposed to the $20 mandate.


2. Grocery store exemptions

Fast-food restaurants operating inside grocery stores are exempt if:

  • The grocery store is 15,000 square feet or larger

  • More than 50% of sales are groceries for off-site consumption

  • The workers are employed by the grocery store, not the restaurant brand

This means workers doing nearly identical food prep and service can earn very different wages depending solely on which side of a wall they’re working on.


3. Airport, hotel, and venue exemptions

Fast-food locations tied to:

  • Airports

  • Hotels

  • Stadiums and large event centers

  • Theme parks

  • Museums

  • Casinos

are exempt from the $20 requirement.


4. Concession and campus carve-outs

Fast-food operations serving:

  • Corporate campuses

  • Private facilities

  • Certain public lands and parks

can also fall outside the law.


Who benefited the most?

The biggest political and media attention centered on Panera Bread.

Panera was widely reported as being positioned to benefit from the bread-bakery exemption, because it sells bread as a stand-alone item and operates at massive scale — something most fast-food competitors do not do.

Even though state regulators later tightened guidance on what qualifies as “producing” bread, the exemption language itself remains in the law, and it was written in a way that clearly favored large, specific business models rather than mom-and-pop shops or traditional fast-food chains.


The donor question: did the beneficiary donate to Gavin Newsom?

Yes.

The controversy exploded because Greg Flynn, a billionaire franchise owner whose companies operate Panera locations, has donated significant sums to California Governor Gavin Newsom.

Those donations included:

  • A six-figure contribution during Newsom’s recall fight

  • Additional large political donations in subsequent election cycles

The timing — combined with the unusually specific exemption language — raised widespread questions about political favoritism, even though Newsom publicly denied tailoring the law for any donor.


Meanwhile, for everyone else…

While exemptions protected certain operators, non-exempt chains absorbed the full cost — and responded predictably:

  • Roughly 18,000 fast-food jobs lost relative to national growth

  • Numerous California restaurant closures

  • Pizza Hut franchisees eliminated delivery driver jobs statewide

  • Increased automation, kiosks, and app-based ordering

  • Fewer hours and fewer workers per shift

In short: some businesses were shielded, others were forced to cut.


California vs. the rest of the country

Fast-food employment continues to grow in many other states. California, by comparison, fell behind after the law took effect.

That gap matters. It means workers elsewhere are gaining jobs while California workers face:

  • Fewer entry-level positions

  • Less scheduling flexibility

  • More automation replacing human labor


The bottom line

California’s $20 fast-food wage law is not a universal worker victory. It is a selective policy with:

  • Carve-outs for favored business models

  • Political donors positioned to benefit

  • Thousands of displaced workers

  • A shrinking fast-food job market relative to the rest of the U.S.

Raising wages is easy to sell.
Designing a fair system — without exemptions that protect insiders while others pay the price — is much harder.

And that’s the part California still hasn’t answered for.

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