Attorney General Bonta Files Amicus Brief to Continue Supporting Strong Wage Protections for Federal Contractors

OAKLAND – California Attorney General Rob Bonta today joined a multistate amicus brief in support of stronger minimum wage protections for federal contractors in Nebraska v. Su. In the amicus brief before the United States Court of Appeals for the Ninth Circuit, the coalition of attorneys general wrote in support of the U.S. Department of Labor, highlighting the importance of strong wage protections, including for contractors providing seasonal recreational services, and urge the court to uphold the current minimum wage protections for federal contractors.

“Strong wage protections are essential — workers deserve fair and sufficient compensation for their time,” said Attorney General Bonta. “Increasing the minimum wage lifts workers out of poverty, narrows income inequality, and puts food on the table for millions of Americans across this country. In California, we will continue to stand up for workers' rights. I strongly urge the court to reject these challenges to a higher federal contractor minimum wage.”

In 2014, President Obama issued an executive order setting the federal contractor hourly minimum wage at $10.10. This rule was revoked in part by the Trump Administration, which issued its own order exempting “seasonal recreational services” workers from the minimum wage requirement. In 2021, President Biden restored the former rule and also raised the minimum wage for federal contractors to $15.00, subject to further annual increases as determined by the Secretary of Labor. As of January 1, 2023, the current rate is $16.20 per hour. In Nebraska v. Su, plaintiffs are challenging the Biden Administration minimum wage requirement claiming that its passage exceeded the President’s authority and violated the Administrative Procedure Act. In the amicus brief, the multistate coalition supports the increase in the federal contractor minimum wage, and argues that the district court correctly upheld the Biden Administration Executive Order establishing it. 

On May 5, 2022, Attorney General Bonta joined a multistate coalition of attorneys general in filing three amicus briefs in support of minimum wage protections for federal contractors. In Bradford v. U.S. Department of Labor, Arizona v. Walsh, and Texas v. Biden, the coalition indicated that numerous studies and reports have shown that when employers increase employee’s wages, their overall sense of dignity and worth improves, which results in better productivity and lower turnover. In return, businesses attract and retain talent and inject more money into the economy. 

In their amicus brief, the attorneys general:

• Support the authority of the Biden Administration to set the federal contractor minimum wage;
• Demonstrate that the Department of Labor provided ample evidence in support of the minimum wage increase, in compliance with the Administrative Procedure Act;
• Support the increased wages to federal contractors and highlights the important benefits to employers, consumers, and employees;
• Explain that the benefits of the minimum wage increase outweigh any minimal costs to employers; and
• Argue that the courts should uphold the higher federal contractor minimum wage.

In the amicus brief, Attorney General Bonta joins the attorneys general of Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.

A copy of the amicus brief can be found here.