EO 14026 Increasing the Minimum Wage for Federal Contractors

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Presidential Documents

Executive Order 14026 of April 27, 2021

Increasing the Minimum Wage for Federal Contractors
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote
economy and efficiency in procurement by contracting with sources that
adequately compensate their workers, it is hereby ordered as follows:
Section 1. Policy. This order promotes economy and efficiency in Federal
procurement by increasing the hourly minimum wage paid by the parties
that contract with the Federal Government to $15.00 for those workers
working on or in connection with a Federal Government contract as described
in section 8 of this order. Raising the minimum wage enhances worker
productivity and generates higher-quality work by boosting workers’ health,
morale, and effort; reducing absenteeism and turnover; and lowering supervisory and training costs. Accordingly, ensuring that Federal contractors
pay their workers an hourly wage of at least $15.00 will bolster economy
and efficiency in Federal procurement.
Sec. 2. Increasing the Minimum Wage for Federal Contractors and Subcontractors. (a) Executive departments and agencies, including independent
establishments subject to the Federal Property and Administrative Services
Act, 40 U.S.C. 102(4)(A), (5) (agencies), shall, to the extent permitted by
law, ensure that contracts and contract-like instruments (as defined in regulations issued pursuant to section 4(a) of this order and as described in
section 8(a) of this order) include a clause that the contractor and any
covered subcontractors (as defined in regulations issued pursuant to section
4(a) of this order) shall incorporate into lower-tier subcontracts. This clause
shall specify that, as a condition of payment, the minimum wage to be
paid to workers employed in the performance of the contract or any covered
subcontract thereunder, including workers whose wages are calculated pursuant to special certificates issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), shall be at least:
(i) $15.00 per hour, beginning January 30, 2022; and
(ii) beginning January 1, 2023, and annually thereafter, an amount determined by the Secretary of Labor (Secretary). The amount shall be published
by the Secretary at least 90 days before such new minimum wage is
to take effect and shall be:
(A) not less than the amount in effect on the date of such determination;

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(B) increased from such amount by the annual percentage increase in
the Consumer Price Index for Urban Wage Earners and Clerical Workers
(United States city average, all items, not seasonally adjusted), or its
successor publication, as determined by the Bureau of Labor Statistics;
and
(C) rounded to the nearest multiple of $0.05.
(b) In calculating the annual percentage increase in the Consumer Price
Index for purposes of subsection (a)(ii)(B) of this section, the Secretary
shall compare such Consumer Price Index for the most recent month, quarter,
or year available (as selected by the Secretary prior to the first year for
which a minimum wage is in effect pursuant to subsection (a)(ii)(B) of
this section) with the Consumer Price Index for the same month in the

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preceding year, the same quarter in the preceding year, or the preceding
year, respectively.
(c) Nothing in this order shall excuse noncompliance with any applicable
Federal or State prevailing wage law, or any applicable law or municipal
ordinance establishing a minimum wage higher than the minimum wage
established under this order.
Sec. 3. Application to Tipped Workers. (a) For workers covered under section
2 of this order who are tipped employees pursuant to section 3(t) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(t)), the cash wage that
must be paid by an employer to such workers shall be at least:
(i) $10.50 per hour, beginning January 30, 2022;
(ii) beginning January 1, 2023, 85 percent of the wage in effect under
section 2 of this order, rounded to the nearest multiple of $0.05; and

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(iii) beginning January 1, 2024, and for each subsequent year, 100 percent
of the wage in effect under section 2 of this order.
(b) Where workers do not receive a sufficient additional amount on account
of tips, when combined with the hourly cash wage paid by the employer,
such that their wages are equal to the minimum wage under section 2
of this order, the cash wage paid by the employer, as set forth in this
section for those workers, shall be increased such that their wages equal
the minimum wage under section 2 of this order. Consistent with applicable
law, if the wage required to be paid under the Service Contract Act, 41
U.S.C. 6701 et seq., or any other applicable law or regulation is higher
than the wage required under section 2 of this order, the employer shall
pay additional cash wages sufficient to meet the highest wage required
to be paid.
Sec. 4. Regulations and Implementation. (a) The Secretary shall, consistent
with applicable law, issue regulations by November 24, 2021, to implement
the requirements of this order. Such regulations shall include both definitions
of relevant terms and, as appropriate, exclusions from the requirements
of this order. Within 60 days of the Secretary issuing such regulations,
the Federal Acquisition Regulatory Council, to the extent permitted by law,
shall amend the Federal Acquisition Regulation to provide for inclusion
in Federal procurement solicitations, contracts, and contract-like instruments
subject to this order the clause described in section 2(a) of this order.
(b) Within 60 days of the Secretary issuing regulations pursuant to subsection (a) of this section, agencies shall take steps, to the extent permitted
by law, to exercise any applicable authority to ensure that contracts and
contract-like instruments as described in sections 8(a)(i)(C) and (D) of this
order, entered into on or after January 30, 2022, consistent with the effective
date of such agency action, comply with the requirements set forth in
sections 2 and 3 of this order.
(c) Any regulations issued pursuant to this section should, to the extent
practicable, incorporate existing definitions, principles, procedures, remedies,
and enforcement processes under the Fair Labor Standards Act of 1938,
29 U.S.C. 201 et seq.; the Service Contract Act, 41 U.S.C. 6701 et seq.;
the Davis-Bacon Act, 40 U.S.C. 3141 et seq.; Executive Order 13658 of
February 12, 2014 (Establishing a Minimum Wage for Contractors); and
regulations issued to implement that order.
Sec. 5. Enforcement. (a) The Secretary shall have the authority for investigating potential violations of and obtaining compliance with this order.
(b) This order creates no rights under the Contract Disputes Act, 41 U.S.C.
7101 et seq., and disputes regarding whether a contractor has paid the
wages prescribed by this order, as appropriate and consistent with applicable
law, shall be disposed of only as provided by the Secretary in regulations
issued pursuant to this order.
Sec. 6. Revocation of Certain Presidential Actions. Executive Order 13838
of May 25, 2018 (Exemption From Executive Order 13658 for Recreational
Services on Federal Lands), is revoked as of January 30, 2022. Executive

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Order 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors), is superseded, as of January 30, 2022, to the extent it is inconsistent
with this order.
Sec. 7. Severability. If any provision of this order, or the application of
any provision of this order to any person or circumstance, is held to be
invalid, the remainder of this order and its application to any other person
or circumstance shall not be affected thereby.
Sec. 8. Applicability. (a) This order shall apply to any new contract; new
contract-like instrument; new solicitation; extension or renewal of an existing
contract or contract-like instrument; and exercise of an option on an existing
contract or contract-like instrument, if (i):
(A) it is a procurement contract or contract-like instrument for services
or construction;
(B) it is a contract or contract-like instrument for services covered by
the Service Contract Act;
(C) it is a contract or contract-like instrument for concessions, including
any concessions contract excluded by Department of Labor regulations
at 29 CFR 4.133(b); or
(D) it is a contract or contract-like instrument entered into with the
Federal Government in connection with Federal property or lands and
related to offering services for Federal employees, their dependents, or
the general public; and
(ii) the wages of workers under such contract or contract-like instrument
are governed by the Fair Labor Standards Act, the Service Contract Act,
or the Davis-Bacon Act.
(b) For contracts or contract-like instruments covered by the Service Contract Act or the Davis-Bacon Act, this order shall apply only to contracts
or contract-like instruments at the thresholds specified in those statutes.
Where workers’ wages are governed by the Fair Labor Standards Act of
1938, this order shall apply only to procurement contracts or contractlike instruments that exceed the micro-purchase threshold, as defined in
41 U.S.C. 1902(a), unless expressly made subject to this order pursuant
to regulations or actions taken under section 4 of this order.

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(c) This order shall not apply to grants; contracts, contract-like instruments,
or agreements with Indian Tribes under the Indian Self-Determination and
Education Assistance Act (Public Law 93–638), as amended; or any contracts
or contract-like instruments expressly excluded by the regulations issued
pursuant to section 4(a) of this order.
Sec. 9. Effective Date. (a) This order is effective immediately and shall
apply to new contracts; new contract-like instruments; new solicitations;
extensions or renewals of existing contracts or contract-like instruments;
and exercises of options on existing contracts or contract-like instruments,
as described in section 8(a) in this order, where the relevant contract or
contract-like instrument will be entered into, the relevant contract or contractlike instrument will be extended or renewed, or the relevant option will
be exercised, on or after:
(i) January 30, 2022, consistent with the effective date for the action
taken by the Federal Acquisition Regulatory Council pursuant to section
4(a) of this order; or
(ii) for contracts where an agency action is taken pursuant to section
4(b) of this order, January 30, 2022, consistent with the effective date
for such action.
(b) As an exception to subsection (a) of this section, where agencies
have issued a solicitation before the effective date for the relevant action
taken pursuant to section 4 of this order and entered into a new contract
or contract-like instrument resulting from such solicitation within 60 days
of such effective date, such agencies are strongly encouraged but not required
to ensure that the minimum wages specified in sections 2 and 3 of this

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order are paid in the new contract or contract-like instrument. But if that
contract or contract-like instrument is subsequently extended or renewed,
or an option is subsequently exercised under that contract or contractlike instrument, the minimum wages specified in sections 2 and 3 of this
order shall apply to that extension, renewal, or option.
(c) For all existing contracts and contract-like instruments, solicitations
issued between the date of this order and the effective dates set forth
in this section, and contracts and contract-like instruments entered into
between the date of this order and the effective dates set forth in this
section, agencies are strongly encouraged, to the extent permitted by law,
to ensure that the hourly wages paid under such contracts or contractlike instruments are consistent with the minimum wages specified in sections
2 and 3 of this order.
Sec. 10. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.

THE WHITE HOUSE,
April 27, 2021.
[FR Doc. 2021–09263
Filed 4–29–21; 8:45 am]

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