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
- Final Rule: Increasing the Minimum Wage for Federal Contractors
- Secretary Walsh remarks on the Minimum Wage Executive Order Final Rule
- Proposed Rule: Increasing the Minimum Wage for Federal Contractors
- Frequently Asked Questions
- Side-by-Side Comparison of EO 13658 and EO 14026
- SocialMedia Toolkit(Spanish)
- 5 Numbers: Minimum Wage Final Rule (YouTube)
- Executive Order 14026: Increasing the Minimum Wage For Federal Contractors (YouTube)
- Worker Rights Under Executive Order 14026: Federal Minimum Wage for Contractors(PDF)Spanish(PDF)
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.
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Now, let's delve into the details of the article on the "Increasing the Minimum Wage for Federal Contractors" rule:
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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.
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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.
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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.
- The minimum wage applies to workers on federal contracts entered into, renewed, or extended on or after January 30, 2022, in the following categories:
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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.
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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.
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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.
- Based on court orders:
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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.