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ARTICLE · 01 FEBRUARY 2023

US Government Defeats Multi-State Challenge To Federal Minimum Wage Increase

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Since taking effect almost one year ago (as discussed in a previous Legal Update), President Biden's executive order ("EO 14026") and the Department of Labor's ("DoL") final rule increasing the federal minimum wage applicable to government contractors ("Final Rule") has faced several challenges in different courts across the nation.

United StatesEmployment and HR

Since taking effect almost one year ago (as discussed in a previous Legal Update), President Biden's executive order ("EO 14026") and the Department of Labor's ("DoL") final rule increasing the federal minimum wage applicable to government contractors ("Final Rule") has faced several challenges in different courts across the nation. This Legal Update focuses on a recent district court decision rejecting such a challenge.

Earlier this month, a federal judge in the United States District Court for the District of Arizona dismissed a multi-state lawsuit challenging EO 14026 and the Final Rule in "Arizona v. Walsh."1 Another challenge to the rule is being pursued by Texas, Louisiana, and Mississippi in the United States District Court for the Southern District of Texas.2 In a similar case, the US Court of Appeals for the Tenth Circuit issued an order enjoining enforcement of the executive order in a limited context in which the plaintiffs challenged the rule as

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