The New York Appellate court has upheld the decision of the New York Industrial Board of Appeals that the $15/hour minimum wage mandated for fast food workers. The minimum was set by a 3 person Wage Board appointed (without any restaurant interest representatives) by New York Governor Andrew Cuomo specifically to implement the increase on chain and franchise restaurants. Amazingly, one of the five judges ruling in the case (Judge Eugene Devine), wrote that the wage board was right in ruling that fast food chains had experienced significant profit increases without significant wage increases and implied those profits were “wrung from the necessities of their employees.” It is indeed a sad state of affairs when a “legal ruling” is rendered based on what a judge arbitrarily chooses to deem “significant profit increases”. The challenge was brought by the National Restaurant Association. Let’s hope they appeal.