News & Analysis as of

Administrative Procedure Act Department of Labor (DOL) Federal Contractors

Jackson Lewis P.C.

Uncertainty for Federal Contractors: Circuits Split as Fifth Circuit Upholds Minimum Wage Mandate

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s decision that invalidated President Joe Biden’s executive order increasing the hourly minimum wage for employees of federal contractors. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upholds Minimum Wage Rate for Federal Contractors

The Fifth Circuit Court of Appeals recently found the Biden administration operated within its authority when it raised the minimum wage for federal contractors to $15 per hour in 2022. This represents a relatively rare win...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Bass, Berry & Sims PLC

Ninth Circuit Deflates Contractor Minimum Wage Mandate

Bass, Berry & Sims PLC on

On November 5, the Court of Appeals for the Ninth Circuit held that the president lacks the authority under the Federal Property and Administrative Services Act (FPASA or Act) to impose a $15 minimum wage on federal...more

Wiley Rein LLP

Ninth Circuit Panel Rejects EO 14026 Contractor Minimum Wage

Wiley Rein LLP on

WHAT: The U.S. Court of Appeals for the Ninth Circuit issued a split decision in Nebraska v. Su holding that Executive Order (EO) 14026, commonly known as the $15 contractor minimum wage, exceeded the President’s authority...more

Holland & Knight LLP

The Impact of Chevron Reversal on Government Contracting

Holland & Knight LLP on

The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo upended decades of precedent that required courts to defer to agencies' interpretations of statutes. This, known as the Chevron doctrine, allowed for...more

Cozen O'Connor

How the End of Chevron Deference Could Impact Government Contractors

Cozen O'Connor on

On June 28, 2024, the Supreme Court of the United States (SCOTUS) issued its decision in Loper Bright Enterprises v. Raimondo, which put an end to Chevron Deference. Chevron Deference was a doctrine that required courts to...more

Seyfarth Shaw LLP

Construction Industry Groups Challenge DOL’s New DBRA Regulations

Seyfarth Shaw LLP on

Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed...more

Jackson Lewis P.C.

Texas Federal Court Bars Enforcement of $15 Minimum Wage for Federal Contractors Against Three States

Jackson Lewis P.C. on

President Joe Biden exceeded his authority under the Procurement Act when he issued an executive order (EO 14026) raising the minimum wage rate for employees of federal contractors to $15 per hour, a federal court in Texas...more

Cozen O'Connor

Republican Attorneys General Sue to Halt Minimum Wage Increase for Federal Contractors

Cozen O'Connor on

Texas AG Ken Paxton, Louisiana AG Jeff Landry, and Mississippi AG Lynn Fitch sued the Biden administration seeking to strike down an executive order and related Department of Labor final rule (the “Wage Mandate”) raising the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2021 #4

Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

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