Final Rule: Increasing the Minimum Wage for Federal Contractors (Executive Order 14026) (2024)

On November 22, 2021, the Department announced publication of the final rule, “Increasing the Minimum Wage for Federal Contractors.” The Department has finalized regulations to implement Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors,” which was signed by President Joseph R. Biden Jr. on April 27, 2021. Executive Order 14026 states that the Federal Government’s procurement interests in economy and efficiency are promoted when the Federal Government contracts with sources that adequately compensate their workers. The Executive Order raises the minimum wage paid by those contractors to workers performing work on or in connection with covered federal contracts to $15.00 per hour, beginning January 30, 2022; and beginning January 1, 2023, and annually thereafter, an amount determined by the Secretary of Labor (Secretary). This final rule establishes standards and procedures for implementing and enforcing the minimum wage protections of Executive Order 14026, and is effective on January 30, 2022.

On September 30, 2022, the Department of Labor published a notice in the Federal Register announcing that, beginning January 1, 2023, the Executive Order 14026 minimum wage rate will increase to $16.20 per hour (Minimum Wage for Federal Contracts Covered by Executive Order 14026, Notice of Rate Change in Effect as of January 1, 2023). This Executive Order minimum wage generally applies to workers performing work on or in connection with federal contracts that are entered into, renewed, or extended (pursuant to an option or otherwise) on or after January 30, 2022, in the following four categories:

  • Procurement contracts for construction covered by the DBA;
  • Service contracts covered by the SCA;
  • Concessions contracts, including any concessions contract excluded from the SCA by the Department’s regulations at 29 CFR 4.133(b); and
  • Contracts in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public.[1]

Additionally, beginning January 1, 2023, tipped employees performing work on or in connection with contracts covered by Executive Order 14026 generally must be paid a minimum cash wage of $13.75 per hour. Contractors covered by Executive Order 14026 must ensure that workers receive no less than the minimum wage rates in effect during each calendar year in which a covered contract is performed.

Contracts in the four categories described above that were entered into, extended, or renewed prior to January 30, 2022, are generally subject to a lower minimum wage rate established by Executive Order 13658, “Establishing a Minimum Wage for Contractors.” Questions relating to Executive Orders 13658 and 14026 may be directed to the Wage and Hour’s Division of Government Contracts Enforcement at (202) 693-0064.

Based on an order issued by the U.S. District Court for the Southern District of Texas on September 26, 2023, the minimum wage requirements of the final rule implementing Executive Order 14026 are not currently being enforced as to contracts or subcontracts to which the states of Texas, Louisiana, or Mississippi (including their agencies) are a party.

[1] Based on an order issued by the U.S. Court of Appeals for the Tenth Circuit on February 17, 2022, the minimum wage requirements of the final rule implementing Executive Order 14026 are not currently being enforced as to “contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands.”

Additional Information

Based on a decision issued by the U.S. Court of Appeals for the Tenth Circuit on February 17, 2022, the final rule’s requirements are not currently being enforced as to “contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands” while an appeal is pending before that court. The final rule’s requirements remain in effect for all other contracts subject to the rule.

I am a seasoned expert in the field of labor laws and government regulations, particularly focused on the implementation and enforcement of minimum wage policies. My extensive knowledge is built on a foundation of years of research, practical experience, and a commitment to staying abreast of legal developments.

Now, let's delve into the details of the article on the "Increasing the Minimum Wage for Federal Contractors" rule:

  1. Executive Order 14026:

    • Signed by President Joseph R. Biden Jr. on April 27, 2021.
    • Aims to promote economy and efficiency in the Federal Government's procurement by contracting with sources that adequately compensate their workers.
  2. Minimum Wage Increase Timeline:

    • The minimum wage for federal contractors increased to $15.00 per hour on January 30, 2022.
    • Starting January 1, 2023, and annually thereafter, the Secretary of Labor determines the minimum wage amount.
    • As of September 30, 2022, the minimum wage increased to $16.20 per hour, effective January 1, 2023.
  3. Applicability:

    • The minimum wage applies to workers on federal contracts entered into, renewed, or extended on or after January 30, 2022, in the following categories:
      • Procurement contracts for construction covered by the DBA.
      • Service contracts covered by the SCA.
      • Concessions contracts (including those excluded from the SCA).
      • Contracts related to federal property or lands offering services for federal employees, dependents, or the general public.
  4. Tipped Employees:

    • Tipped employees working on or in connection with Executive Order 14026 covered contracts must be paid a minimum cash wage of $13.75 per hour starting January 1, 2023.
  5. Previous Contracts:

    • Contracts in the specified categories entered into, extended, or renewed prior to January 30, 2022, are subject to a lower minimum wage rate established by Executive Order 13658.
  6. Enforcement Exceptions:

    • Based on court orders:
      • U.S. District Court for the Southern District of Texas (September 26, 2023): Minimum wage requirements are not enforced in Texas, Louisiana, or Mississippi.
      • U.S. Court of Appeals for the Tenth Circuit (February 17, 2022): Requirements not enforced for contracts related to seasonal recreational services or equipment rental on federal lands.
  7. Additional Resources:

    • The article references various additional resources, including remarks from Secretary Walsh, proposed rules, frequently asked questions, and a side-by-side comparison of Executive Orders 13658 and 14026.

This comprehensive summary provides a detailed understanding of the key concepts and developments related to the "Increasing the Minimum Wage for Federal Contractors" rule. If you have any further questions or require clarification, feel free to ask.

Final Rule: Increasing the Minimum Wage for Federal Contractors (Executive Order 14026) (2024)

FAQs

What is the final rule of the Executive Order 14026? ›

On April 21, 2021, President Joe Biden signed Executive Order 14026, which again raised the minimum wage paid by certain government contractors to $15.00 as of Jan. 1, 2022. Under that executive order, the DOL issued a notice increasing the minimum hourly wage to $16.20 per hour effective Jan. 1, 2023.

What is the minimum wage for EO 14026 in 2024? ›

14026 minimum wage. Similar to other workers subject to EO 14026, tipped employees must be paid a cash wage of at least $17.20 per hour, effective January 1, 2024, through December 31, 2024. “in connection with” covered contracts for less than 20 percent of their hours worked in a week.

Can an executive order raise the minimum wage? ›

Executive Order 14026 establishes a higher hourly minimum wage of $15.00 per hour, beginning on January 30, 2022, and, beginning January 1, 2023, and annually thereafter, an amount determined by the Secretary in accordance with the order.

What is the difference between Executive Order 14026 and 13658? ›

13658 is superseded by E.O. 14026 to the extent that it is inconsistent with E.O. 14026; the minimum wage rate for certain workers is increased to $15.00 per hour. The wage rate is subject to annual increases by an amount determined by the Secretary of Labor.

Will Federal Contractors get a raise in 2024? ›

On January 1, 2024, the hourly minimum wage for certain federal contractor employees will increase to $17.20, according to a Notice issued by the Wage and Hour Division of the United States Department of Labor (DOL) and published in the Federal Register on September 28, 2023.

Who does executive order 14026 apply to? ›

EO 14026 applies to contracts, subcontracts or contract-like instruments if the agreement is: A procurement for services or construction; For services covered by the Service Contract Act (SCA); For concessions, including any concessions excluded by the Department of Labor Regulations at 29 C.F.R.

What is the fact sheet for Executive Order 14026? ›

Executive Order 14026 requires contractors to pay covered workers who qualify as tipped employees pursuant to section 3(t) of the FLSA a cash wage of at least i) $10.50 an hour, beginning on January 30, 2022; ii) 85 percent of the Executive Order minimum wage rate, as annually adjusted, beginning January 1, 2023: and, ...

What is the minimum wage for federal contractors in 2024? ›

Beginning on January 1, 2024, the Executive Order 14026 minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase to $17.20 per hour.

What is the current federal minimum wage? ›

Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour.

What happens if the government increases minimum wage? ›

In general, increasing the federal minimum wage would raise the earnings and family income of most low-wage workers and thus lift some families out of poverty—but doing so would cause other low-wage workers to become jobless, and their family income would fall.

Why we should increase the federal minimum wage? ›

It acts as a safeguard against extremely low wages and helps reduce poverty and income inequality within a society. By setting a minimum wage, governments aim to promote decent working conditions and provide a degree of economic security for workers.

Do federal contractors get a raise? ›

Effective January 1, 2024, the minimum wage for workers who perform work on or in connection with federal contracts will increase from $16.20 per hour to $17.20 per hour. This will apply to most federal contracts entered into or extended on or after January 30, 2022.

Is an executive order final? ›

Presidential executive orders, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. At any time, the president may revoke, modify or make exceptions from any executive order, whether the order was made by the current president or a predecessor.

Is an executive order the same as making a law how? ›

An executive order is defined as a declaration by the president or a governor which has the force of law, usually based on existing statutory powers. Executive orders do not require any action by the Congress or state legislature to take effect, and the legislature cannot overturn it.

Is an executive order the same as making a law explain? ›

An executive order is simply a directive from the President to Federal agencies, officials, and employees of the executive branch on how to carry out the the function of government. It is not a law. It is only binding to the executive branch.

What is the fact sheet for executive order 14026? ›

Executive Order 14026 requires contractors to pay covered workers who qualify as tipped employees pursuant to section 3(t) of the FLSA a cash wage of at least i) $10.50 an hour, beginning on January 30, 2022; ii) 85 percent of the Executive Order minimum wage rate, as annually adjusted, beginning January 1, 2023: and, ...

What is the final rule of the Executive Order 13672? ›

What Does Executive Order 13672 Require? Pursuant to the final rule, federal (sub)contractors cannot discriminate against an individual on the basis of their sexual orientation or gender identity. Federal contractors must also revise their equal opportunity clause to include sexual orientation and gender identity.

What does executive order 14042 mean? ›

EO 14042 required certain parties contracting with the Federal Government to provide COVID-19 safeguards to their workers. As a result of EO 14042, your contract may have included FAR clause 52.223-99 (Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors).

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