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Government,
9th U.S. Circuit Court of Appeals

Nov. 6, 2024

Circuit: Biden order on federal contractor pay exceeds authority

9th Circuit Judge Ryan D. Nelson's wrote for a 2-1 majority that implementation of President Joe Biden's executive order boosting federal contractors' minimum pay was arbitrary and capricious.

A 9th U.S. Circuit Court of Appeals panel, split along partisan lines, ruled Tuesday that an executive order by President Joe Biden requiring federal agencies to pay a $17.20 minimum wage to contractors exceeded the authority Congress granted.

Circuit Judge Ryan D. Nelson's wrote for the majority that Biden's action was not allowed under the Federal Property and Administrative Services Act of 1949 and that the implementing regulations are arbitrary and capricious.

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