And as an aside, if the state can randomly decide

Who said anything about "randomly"? The minimum wage has always been the subject of intense negotiation among interested parties. Economic legislation is never random, so inferences based on the assumption that it is random are wholly unpersuasive.

It is not unethical not to pay a living wage. But if it is unethical to patronize a business that does not pay a living wage, shouldn't we think about how we can best live our ethics? As it turns out, the best approach for those of us who don't want to patronize businesses that underpay is to legislate a minimum wage. That way, none of us will find ourselves supporting businesses that don't pay a living wage for lack of information about each and every one of our vendors' practices.

n short, legislation is one way in which the free market asserts its will. It's just another form of collective bargaining.