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NATIONAL v. COMMR. OF LABOR

522160.

141 A.D.3d 185 (2016)

34 N.Y.S.3d 232

In the Matter of NATIONAL RESTAURANT ASSOCIATION, Appellant, v. COMMISSIONER OF LABOR et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 9, 2016.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City ( Randy M. Mastro of counsel) and Thomas H. Dupree Jr. , Washington, D.C., pro hac vice, for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Andrea Oser of counsel), for Commissioner of Labor, respondent.

Gladstein, Reif & Meginniss, LLP, New York City ( James Reif of counsel) and Altshuler Berzon LLP, San Francisco, California ( Michael Rubin of counsel), for Alvin Major and others, respondents.

Littler Mendelson, PC, Washington, D.C. ( Joshua B. Waxman of counsel), for National Federation of Independent Business and another, amici curiae.

Harwood Law PLLC, New York City ( Anthony Harwood of counsel), for Greater New York Chamber of Commerce and others, amici curiae.

Paul Sonn , National Employment Law Project, New York City ( Laura Huizar , Washington, D.C., of counsel) and Meyer, Suozzi, English & Klein, PC, New York City, for National Employment Law Project and others, amici curiae.

PETERS, P.J., LAHTINEN, EGAN JR. and MULVEY, JJ., concur.

OPINION OF THE COURT

Appeal from a determination of the Industrial Board of Appeals, filed December 9, 2015, which confirmed a minimum wage order issued by respondent Commissioner of Labor increasing the cash wage paid to certain food service workers.

Respondent Commissioner of Labor issued a determination on May 7,...

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