Panera Escaped California’s Minimum Wage Law

By: Julia Mehalko | Published: Mar 06, 2024

Panera Bread will not be impacted by California’s new FAST Act fast food bill, which raises the state minimum wage from $16 to $20 an hour at fast food chains. According to new reporting, this law has an exemption for fast food locations that also bake and sell bread.

Only locations that sell bread as a standalone item will qualify for this new exemption. Once news of this exception broke, many critics were quick to point out the long and beneficial history between California Governor Gavin Newsom and Panera franchise billionaire Greg Flynn. 

FAST Act’s Inception

The idea to create a bill that would raise the minimum wage for those working low-paying jobs began during the pandemic. Many fast-food employees were still working during this time, even though others had begun to work from home.

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A woman in a car grabs a fast food bag from a worker in the drive-thru window.

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As these food workers were working for low wages, the California legislature began to consider bills that could help them.

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A Law for Low-Wage Employees

According to the California legislature, this bill is supposed to address the “abuse, low pay, few benefits and minimal job security” that many in the state face. This bill also allows employees to help regulate the fast food industry they work in.

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A McDonald’s building with cars around it during the nighttime.

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Legislation of this bill has changed over the past few years, thanks to backlash from many in the fast food industry. New changes include the fact that only chains with at least 60 national locations will be required to pay this higher hourly wage.  

Greg Flynn Was an Early Critic of the FAST Act

Billionaire Greg Flynn became an early public critic of the FAST Act. In 2022, Flynn wrote an opinion piece in the publication Capitol Weekly, explaining that this new legislation would basically kill how franchises do business in California.

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A Panera Bread building outside under a clear sky in the daytime.

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Flynn is the founder of Flynn Restaurant Group, which remains one of the largest restaurant franchises in the world. Flynn’s franchises include 125 Panera Breads, 900 Pizza Huts, and 440 Applebee’s, among others.

Flynn Tried to Influence the Governor Early On

New reporting has revealed that Flynn tried to influence Newsom when he saw the FAST Act as a threat. According to this report, Flynn talked about this legislation with the governor’s top aides and urged them to reconsider.

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Gavin Newsom talking in front of a podium with a person and a flag behind him.

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Specifically, he pressed them to reassess whether Panera should be considered a fast food restaurant.  

The Change in Legislation for Bread

Eventually, the legislation would be amended. The Service Employees International Union, a group that has supported the FAST Act, agreed to allow restaurants that sold bread an exemption. 

A main government building in the capitol of California, Sacramento, under a cloudy blue sky and near green trees.

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New anonymous sources have revealed that the labor group put in this exemption to ensure the governor passed the bill. They believed that, thanks to Newsom’s relationship with Flynn, he would agree to support the bill once Panera was safe from this hike in the minimum wage. 

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Newsom Also Pushed for Bakery Exemption

It’s also been revealed that the California governor himself pushed for fast-food restaurants that sell their own bread to be exempt from the legislation. Newsom has denied this accusation.

Gavin Newsom in a suit talking in front of a microphone with a blue and black background.

Source: Gage Skidmore/Wikimedia Commons

Newsom’s office has since said that this specific exception for fast food franchises with bakeries came about as a “result of countless hours of negotiations with dozens of stakeholders over two years.” 

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Flynn Denies He’s Responsible

Flynn has also opened up about this new change in legislation. According to him, he had nothing to do with this bread exemption. 

A Panera Bread building with green bushes and trees and under a clear blue sky. Title: Panera Bread Building

Source: Motwog/Wikimedia Commons

However, critics are quick to point out the reporting that revealed Flynn has long been pushing Newsom’s aides behind closed doors. To them, it’s clear that Flynn wanted this legislation changed for his benefit — something he ultimately got. 

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Newsom and Flynn’s Long History

Newsom and Flynn have long had ties. Both men attended the same high school in a suburb of San Francisco. When Flynn was a senior, Newsom was a freshman.

An official portrait of Gavin Newsom with an American and California flag behind him.

Source: Public Domain/Wikimedia Commons

As the two got older, they would frequently appear to support one another in many ways. Flynn has often donated to Newsom’s political campaigns. In 2022, during Newsom’s reelection campaign, Flynn donated $64,800 to the campaign. 

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Newsom and Flynn’s Business Ties

Newsom and Flynn may have personal and political ties — but they also have business ties. In 2014, Newsom’s hospitality company managed a Napa Valley resort. Flynn acquired the resort during this time.

A white Panera Bread building with cars parked in front of it.

Source: Mike Mozart/Wikimedia Commons

This then led to Newsom reporting an income from Flynn’s company in 2014, though the amount remains undisclosed. A year after acquiring the resort, Flynn decided he wouldn’t renew it. During this time, Newsom was California’s lieutenant governor.

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Flynn Has Bragged About His Connection to Newsom

Flynn has bragged about his long-standing relationship with Newsom over the years. People familiar with the matter have said that Flynn has been known to boast about his relationship with Newsom to others personally.

Gavin Newsom talking in front of a podium and microphone, with a screen and people behind him.

Source: Public Domain/Wikimedia Commons

In many instances, Flynn allegedly said that he could reach Newsom easily just by texting him. Flynn supposedly said this recently, when Newsom was governor of California. 

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Panera May Have to Raise Wages Regardless

For some analysts, this exemption was pointless, as they believe that many Panera Breads in California will likely have to raise wages anyway, thanks to where they’re located.

An employee at Panera Bread working a bread cutting machine, with baked goods behind her.

Source: Harrison Keely/Wikimedia Commons

“It’s kind of a silly exemption,” Lorena Gonzalez, a California Labor Federation leader, said. “If you look at where Paneras are located, and their clientele, it’s not as if they’re going to be able to hire people for less.”

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