In 2014 President Obama issued Executive Order 13658, creating a minimum wage for work performed on or in connection with certain federal contracts that is higher than the minimum wage applicable to employers subject to just the Fair Labor Standards Act. In 2021 President Biden issued Executive Order 14026, establishing an even higher minimum wage applicable to certain government contracts entered into on or after Jan. 30, 2022 and providing that Executive Order 13658 “is superseded, as of Jan. 30, 2022, to the extent it is inconsistent with this order.”

On March 14, 2025, President Trump issued Executive Order 14236, revoking President Biden’s EO 14026 without addressing the continuing viability of President Obama’s EO 13658. Following this executive action, there has been uncertainty as to whether the minimum wage previously established pursuant to EO 13658 would once again apply or whether the higher federal minimum wage applicable to federal contracts has been abolished entirely. Since neither Biden’s EO 14026 nor President Trump’s EO 14236 revoked EO 13658, there is an argument that EO13658 applies to covered government contracts entered into on or after March 14, 2025.

Employers have been waiting for the U.S. Department of Labor to offer guidance on this issue, which has now been provided, albeit obliquely, in a Notice that is scheduled to be published in the Federal Register on Feb. 9.

In this Notice, the Department of Labor’s Wage and Hour Division announces an...

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