Policy Week in Review – February 6, 2026

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The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters.

DOL Announces Minimum Wage Rate Change for Federal Contractors

The Department of Labor’s Wage and Hour Division issued a notice setting a new minimum wage rate of $13.65 per hour for workers performing work on or in connection with federal contracts entered into between January 1, 2015 and January 29, 2022 that were not renewed or extended on or after January 30, 2022. The minimum wage for tipped employees performing work in connection with those covered contracts increases to $9.55 per hour. The rate changes will go in effect 90 days after publication in the Federal Register. Read Littler’s analysis here.

DHS and DOL Release Supplemental H-2B Visas for 2026

The Departments of Homeland Security and Labor published a temporary rule authorizing up to, but not more than, an additional 64,716 H-2B visas for Fiscal Year 2026 to be distributed in three allocations. The supplemental visas will be available only to those American businesses that “are suffering or will suffer impending irreparable harm, i.e., those facing permanent and sever financial loss, as attested by the employer.” 

Bipartisan Joint Employer Bill Gains Support 

The congressional Problem Solvers Caucus, a group of Republican and Democratic members of Congress seeking solutions to key issues facing the country, endorsed the American Franchise Act, which aims to protect the franchise business model by amending the National Labor Relations Act and the Fair Labor Standards Act to clarify that a franchisor may be considered a joint employer of the employees of a franchisee only if the franchisor possesses and exercises substantial direct and immediate control over the essential terms and conditions of employment. The bipartisan bill is sponsored by Representatives Kevin Hern (R-OK) and Don Davis (D-NC) and currently has 77 cosponsors. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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