Last week, New York Gov. Andrew Cuomo (D) announced that he is taking advantage of a state law to raise minimum wages without the involvement of the legislature. He‚Äôs not the only governor with that power; others could also follow suit.
New York State law gives the labor commissioner the authority to convene a wage board to investigate whether the minimum wage in a specific job ‚ÄĒ or even all of the jobs in the state ‚ÄĒ are adequate, and to issue a ‚Äúwage order‚ÄĚ to increase it without the involvement of state lawmakers. On Wednesday, Cuomo announced that he would direct the commissioner to investigate wages in the fast food industry. New York was the home to the first strike in the fast food industry demanding a $15 minimum wage and has been home to them as they continued to spread across the country.
But Cuomo isn‚Äôt the only governor with the power to set a higher minimum wage without approval from a state legislature. According to an analysis from the National Employment Law Project (NELP), state laws in California, Massachusetts, New Jersey, and Wisconsin all empower their governors in similar ways. ‚ÄúThere was a time when the minimum wage was less politicized and there was a sense that it should be at a level adequate to deliver decent incomes for workers,‚ÄĚ explained Paul Sonn, general counsel at NELP. ‚ÄúThese laws are still on the books in a number of places.‚ÄĚ
States have already been raising their own minimum wages, to the point that the majority have a higher wage than the federal level of $7.25. But some state lawmakers haven‚Äôt been taking action. ‚ÄúWhere the legislative process won‚Äôt deal adequately with the minimum wage, governors should dust [these laws] off and use them aggressively to deliver the wages that workers need,‚ÄĚ Sonn argued. ‚ÄúGovernors in states with this authority should be using them more frequently and more creatively to address the problem of low wages.‚ÄĚ
One example could be California, which has a Democratic governor, Jerry Brown, who already signed a minimum wage increase to $10 by 2016 back in 2013. ‚ÄúCuomo is saying, ‚ÄėI‚Äôm going to make New York a progressive leader with the strongest minimum wage in the nation,’‚ÄĚ Sonn said. ‚ÄúJerry Brown could do the same thing.‚ÄĚ A spokesman for the governor‚Äôs office told ThinkProgress he wasn‚Äôt aware of similar options to what Cuomo did in California, but noted that there are other new bills and proposals to raise the wage.
The authority can also be used against governors who aren‚Äôt supportive of higher minimum wages. That‚Äôs already happened in Wisconsin. There, a state statute says that all wages in the state have to amount to no less than a living wage and that any member of the public can file a complaint saying the minimum wage fails that standard. Last year, low-wage workers and worker organizing groups submitted 100 complaints to Gov. Scott Walker (R) alleging that the state‚Äôs $7.25 minimum wage violates the statute, although his administration rejected the complaints.
A similar fight could start brewing in New Jersey, where Gov. Chris Christie (R) has voiced his opposition to increasing the minimum wage. ‚ÄúThe Governor of New Jersey has the power to raise wages for hundreds of thousands of workers,‚ÄĚ Analilia Mejia, executive director of New Jersey Working Families, told ThinkProgress. ‚ÄúWe will absolutely be calling on Gov. Christie to follow in the footsteps of Gov. Cuomo, who Christie has called his ‚Äėseparated at birth twin brother.’‚ÄĚ She also said the issue would be brought up beyond Christie‚Äôs administration. ‚ÄúOver the coming year Working Families activists [will] be asking every potential gubernatorial contender in New Jersey‚Äôs 2017 election where they stand on using the state‚Äôs wage board to end poverty wages,‚ÄĚ she said.
This blog was originally posted on Think Progress on May 11, 2015. Reprinted with permission.
About the author:¬†The author’s name is Bryce Covert. Bryce Covert is the Economic Policy Editor for ThinkProgress. She was previously editor of the Roosevelt Institute‚Äôs Next New Deal blog and a senior communications officer. She is also a contributor for The Nation and was previously a contributor for ForbesWoman. Her writing has appeared on The New York Times, The New York Daily News, The Nation, The Atlantic, The American Prospect, and others. She is also a board member of WAM!NYC, the New York Chapter of Women, Action & the Media.