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9th U.S. Circuit Court of Appeals,
Labor/Employment

Feb. 7, 2024

States argue Biden can't impose national minimum wage

“Defendants’ federal contractor minimum wage imposes billions of dollars in new costs … all on the assertion that nebulous morale-raising benefits will offset that substantial cost,” said Nebraska Solicitor General Eric J. Hamilton, adding that the Procurement Act does not permit the president to do so.

A 9th U.S. Circuit Court of Appeals panel considered arguments by Nebraska and three other states Tuesday arguing that President Joe Biden exceeded his authority under the Procurement Act in ordering a nationwide minimum wage for federal contractors.

Biden increased the minimum wage to $17.20 an hour, higher than any state minimum wage, including California.

“Defendants’ federal contractor minimum wage imposes bi...

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