Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices 66903 

(Program) Performance Report (ETA– 

9173) quarterly and the Pay-forPerformance Report (ETA–9174) annual 

reports, States will use a standardized 

individual record file for program 

participants, called the DOL Participant 

Individual Record Layout (PIRL, ETA– 

9172). The PIRL provides a standardized 

set of data elements, definitions, and 

reporting instructions that will be used 

to describe the characteristics, activities, 

and outcomes of WIOA and DOL 

partner program participants. States and 

grantees will be required to collect 

participant information that 

corresponds with the data elements and 

descriptions delineated within the PIRL. 

Once collected, this information will 

then be aggregated according to the 

conditions outlined in the specifications 

found within the Program Performance 

Report spreadsheet. This document 

details the common data elements and 

technical specifications necessary for 

calculation of reporting elements under 

all the DOL programs listed in the 

paragraph below. Once aggregated, the 

outcomes of the PIRL data will be 

submitted by the States and grantees to 

ETA and then displayed according to 

the framework within the (Program) 

Performance Report. Each program 

mentioned in this supporting statement 

will generate a program specific report 

that mirrors the construct of the 

(Program) Performance Report. DOL 

requires States and grantees to certify 

and submit the (Program) Performance 

Report to ETA on a quarterly basis. 

This ICR is the product of a joint 

effort among the DOL offices that 

administer the following programs: 

WIOA Adult, WIOA Dislocated Worker, 

WIOA Youth, National Dislocated 

Worker Grants, Dislocated Worker 

Projects authorized under WIOA sec. 

169(c), Wagner-Peyser Employment 

Service, National Farmworker Jobs 

Program, Job Corps, YouthBuild, Indian 

and Native American Program, as well 

as non-WIOA covered programs, 

including Trade Adjustment Assistance 

(TAA), REO, H–1B discretionary grants, 

Senior Community Service Employment 

Program (SCSEP), Apprenticeship 

grants, and the Jobs for Veterans’ State 

Grants Programs. While H–1B grants, 

TAA, SCSEP, Apprenticeship grants and 

the REO programs are not authorized 

under WIOA, these programs utilize the 

data element definitions and reporting 

templates in this ICR. 

The accuracy, reliability, and 

comparability of program reports 

submitted by States and grantees using 

Federal funds are fundamental elements 

of good public administration and are 

necessary tools for maintaining and 

demonstrating system integrity. The use 

of a standard set of data elements, 

definitions, and specifications at all 

levels of the workforce system helps 

states to coordinate funding and 

leverage resources available to create a 

more efficient and effective system to 

improve the quality of the performance 

information that is received by DOL. 

The set of primary indicators of 

performance represents the key results 

that ETA strives to achieve for their 

customers, and that ETA and Congress 

are interested in measuring. Using this 

set of primary indicators affords ETA 

the ability to describe, in a similar 

manner, the core purposes of the 

workforce system—through the program 

services received, how many people 

found jobs; what were their earnings; 

and what skill gains they achieved. 

They are an integral part of ETA’s 

performance accountability system, and 

through the Workforce Performance 

Accountability, Information, and 

Reporting System, ETA will continue to 

collect from States and grantees the data 

on program activities, participants, and 

outcomes that are necessary for program 

management and to convey full and 

accurate information on the 

performance of workforce programs to 

policymakers and stakeholders. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by OMB under the PRA and 

displays a currently valid OMB Control 

Number. In addition, notwithstanding 

any other provisions of law, no person 

shall generally be subject to penalty for 

failing to comply with a collection of 

information that does not display a 

valid Control Number. See 5 CFR 

1320.5(a) and 1320.6. 

Interested parties are encouraged to 

provide comments to the contact shown 

in the ADDRESSES section. Comments 

must be written to receive 

consideration, and they will be 

summarized and included in the request 

for OMB approval of the final ICR. In 

order to help ensure appropriate 

consideration, comments should 

mention DOL Only 1205–0521 

Submitted comments will also be a 

matter of public record for this ICR and 

posted on the internet, without 

redaction. DOL encourages commenters 

not to include personally identifiable 

information, confidential business data, 

or other sensitive statements/ 

information in any comments. 

DOL is particularly interested in 

comments that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

(e.g., permitting electronic submission 

of responses). 

Agency: DOL–ETA. 

Type of Review: Revision. 

Title of Collection: DOL-Only 

Performance Accountability, 

Information, and Reporting System. 

Forms: DOL Participant Individual 

Record Layout (PIRL, ETA–9172); 

(Program). Performance Report (ETA– 

9173); Pay-for Performance Report 

(ETA–9174). 

OMB Control Number: 1205–0521. 

Affected Public: State, local, and 

Tribal governments. 

Estimated Number of Respondents: 

17,583,750. 

Frequency: Varies. 

Total Estimated Annual Responses: 

41,064,037. 

Estimated Average Time per 

Response: Varies. 

Estimated Total Annual Burden 

Hours: 10,459,627. 

Total Estimated Annual Other Cost 

Burden: $355,854,278.39. 

Authority: 44 U.S.C. 3506(c)(2)(A). 

Brent Parton, 

Principal Deputy Assistant Secretary for 

Employment and Training, Labor. 

[FR Doc. 2023–21192 Filed 9–27–23; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

Minimum Wage for Federal Contracts 

Covered by Executive Order 13658, 

Notice of Rate Change in Effect as of 

January 1, 2024 

AGENCY: Wage and Hour Division, 

Department of Labor. 

ACTION: Notice. 

SUMMARY: The Wage and Hour Division 

(WHD) of the U.S. Department of Labor 

(the Department) is issuing this notice to 


ddrumheller on DSK120RN23PROD with NOTICES1
66904 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices 

1WDOL.gov has since moved to https://sam.gov/ 

content/wage-determinations. This website is the 

authoritative and single website for obtaining 

appropriate Service Contract Act and Davis-Bacon 

Act wage determinations for each official contract 

action. 

announce the applicable minimum 

wage rate for workers performing work 

on or in connection with federal 

contracts covered by Executive Order 

13658, Establishing a Minimum Wage 

for Contractors (the Executive Order or 

the order), beginning January 1, 2024. 

Beginning on that date, the Executive 

Order 13658 minimum wage rate that 

generally must be paid to workers 

performing work on or in connection 

with covered contracts will increase to 

$12.90 per hour, while the required 

minimum cash wage that generally must 

be paid to tipped employees performing 

work on or in connection with covered 

contracts will increase to $9.05 per 

hour. Covered contracts that are entered 

into on or after January 30, 2022, or that 

are renewed or extended (pursuant to an 

option or otherwise) on or after January 

30, 2022, are generally subject to a 

higher minimum wage rate established 

by Executive Order 14026 of April 27, 

2021, Increasing the Minimum Wage for 

Federal Contractors. 

DATES: These new Executive Order 

13658 rates shall take effect on January 

1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Amy DeBisschop, Director, Division of 

Regulations, Legislation, and 

Interpretation, Wage and Hour Division, 

U.S. Department of Labor, Room S– 

3502, 200 Constitution Avenue NW, 

Washington, DC 20210; telephone: (202) 

693–0406 (this is not a toll-free 

number). Alternative formats are 

available upon request by calling 1– 

866–487–9243. If you are deaf, hard of 

hearing, or have a speech disability, 

please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 

I. Executive Order 13658 Background 

and Requirements for Determining 

Annual Increases to the Minimum 

Wage Rate 

Executive Order 13658 was signed on 

February 12, 2014, and raised the hourly 

minimum wage for workers performing 

work on or in connection with covered 

federal contracts to $10.10 per hour, 

beginning January 1, 2015, with annual 

adjustments thereafter in an amount 

determined by the Secretary pursuant to 

the order. See 79 FR 9851. The 

Executive Order directed the Secretary 

to issue regulations to implement the 

order’s requirements. See 79 FR 9852. 

Accordingly, after engaging in noticeand-comment rulemaking, the 

Department published a final rule on 

October 7, 2014, to implement the 

Executive Order. See 79 FR 60634. The 

final regulations, set forth at 29 CFR part 

10, established standards and 

procedures for implementing and 

enforcing the minimum wage 

protections of the order. 

Executive Order 13658 and its 

implementing regulations require the 

Secretary to determine the applicable 

minimum wage rate for workers 

performing work on or in connection 

with covered contracts on an annual 

basis, beginning January 1, 2016. See 79 

FR 9851; 29 CFR 10.1(a)(2), 10.5(a)(2), 

10.12(a). Sections 2(a) and (b) of the 

order establish the methodology that the 

Secretary must use to determine the 

annual inflation-based increases to the 

minimum wage rate. See 79 FR 9851. 

These provisions, which are 

implemented in 29 CFR 10.5(b)(2), 

explain that the applicable minimum 

wage determined by the Secretary for 

each calendar year shall be: 

• Not less than the amount in effect 

on the date of such determination; 

• Increased from such amount by the 

annual percentage increase in the 

Consumer Price Index for Urban Wage 

Earners and Clerical Workers (CPI–W) 

(United States city average, all items, 

not seasonally adjusted), or its successor 

publication, as determined by the 

Bureau of Labor Statistics (BLS); and 

• Rounded to the nearest multiple of 

$0.05. 

Section 2(b) of Executive Order 13658 

further provides that, in calculating the 

annual percentage increase in the CPI– 

W for purposes of determining the new 

minimum wage rate, the Secretary shall 

compare such CPI–W 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) with the CPI–W for the same 

month in the preceding year, the same 

quarter in the preceding year, or the 

preceding year, respectively. See 79 FR 

9851. To calculate the annual 

percentage increase in the CPI–W, the 

Department elected in the final rule 

implementing the Executive Order to 

compare such CPI–W for the most 

recent year available with the CPI–W for 

the preceding year. See 29 CFR 

10.5(b)(2)(iii). In the final rule, the 

Department explained that it decided to 

compare the CPI–W for the most recent 

year available (instead of using the most 

recent month or quarter, as allowed by 

the order) with the CPI–W for the 

preceding year, ‘‘to minimize the impact 

of seasonal fluctuations on the 

Executive Order minimum wage rate.’’ 

79 FR 60666. 

Once a determination has been made 

with respect to the new minimum wage 

rate, Executive Order 13658 and its 

implementing regulations require the 

Secretary to notify the public of the 

applicable minimum wage rate on an 

annual basis at least 90 days before any 

new minimum wage takes effect. See 79 

FR 9851; 29 CFR 10.5(a)(2), 10.12(c)(1). 

The regulations explain that the 

Administrator of the Department’s Wage 

and Hour Division (the Administrator) 

will publish an annual notice in the 

Federal Register stating the applicable 

minimum wage rate at least 90 days 

before any new minimum wage takes 

effect. See 29 CFR 10.12(c)(2)(i). 

Additionally, the regulations state that 

the Administrator will provide notice of 

the Executive Order minimum wage rate 

on Wage Determinations OnLine 

(WDOL), http://www.wdol.gov, or any 

successor site; 1 on all wage 

determinations issued under the DavisBacon Act (DBA), 40 U.S.C. 3141 et seq., 

and the Service Contract Act (SCA), 41 

U.S.C. 6701 et seq.; and by other means 

the Administrator deems appropriate. 

See 29 CFR 10.12(c)(2)(ii)–(iv). 

Section 3 of Executive Order 13658 

requires contractors to pay tipped 

employees covered by the order 

performing on or in connection with 

covered contracts an hourly cash wage 

of at least $4.90, beginning on January 

1, 2015, provided the employees receive 

sufficient tips to equal the Executive 

Order minimum wage rate under section 

2 of the order when combined with the 

cash wage. See 79 FR 9851–52; 29 CFR 

10.28(a). The order further provides 

that, in each succeeding year, beginning 

January 1, 2016, the required cash wage 

must increase by $0.95 (or a lesser 

amount if necessary) until it reaches 70 

percent of the Executive Order 

minimum wage. Id. For subsequent 

years, the cash wage for tipped 

employees will be 70 percent of the 

Executive Order minimum wage 

rounded to the nearest $0.05. Id. When 

a contractor is using a tip credit to meet 

a portion of its wage obligations under 

the Executive Order, the amount of tips 

received by the employee must equal at 

least the difference between the cash 

wage paid and the Executive Order 

minimum wage; if the employee does 

not receive sufficient tips, the contractor 

must increase the cash wage paid so that 

the cash wage in combination with the 

tips received equals the Executive Order 

minimum wage. Id. 

The Executive Order 13658 minimum 

wage and the cash wage required for 

tipped employees are currently $12.15 

and $8.50 per hour, respectively. The 

Department announced these rates on 

September 30, 2022, and the rates took 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices 66905 

2Based on an order issued by the U.S. Court of 

Appeals for the Tenth Circuit on February 17, 2022, 

the minimum wage requirements of the final rule 

implementing Executive Order 14026 are not 

currently being enforced as to ‘‘contracts or 

contract-like instruments entered into with the 

federal government in connection with seasonal 

recreational services or seasonal recreational 

equipment rental for the general public on federal 

lands.’’ The final rule’s requirements remain in 

effect for all other contracts subject to the rule. 

3 In 1988, the reference base for the CPI–W was 

changed from 1967 = 100 to 1982–84 = 100. The 

1982–84 period was chosen to coincide with the 

updated expenditure weights which were based on 

the Consumer Expenditure Surveys for the years 

1982, 1983, and 1984. 

effect on January 1, 2023. See 87 FR 

59468. 

II. Effect of Executive Order 14026 

On April 27, 2021, President Joseph 

R. Biden, Jr. signed Executive Order 

14026, Increasing the Minimum Wage 

for Federal Contractors. 86 FR 22835. 

Executive Order 14026 establishes a 

higher hourly minimum wage of $15.00 

per hour, beginning on January 30, 

2022, and, beginning January 1, 2023, 

and annually thereafter, an amount 

determined by the Secretary in 

accordance with the order. This higher 

hourly minimum wage applies to the 

same types of contracts with the Federal 

Government that are covered by 

Executive Order 13658. However, 

Executive Order 14026 only applies to 

contracts with the Federal Government 

that are entered into on or after January 

30, 2022, or that are renewed or 

extended (pursuant to an exercised 

option or otherwise) on or after January 

30, 2022. For some amount of time, the 

Department therefore anticipates that 

there will be some existing contracts 

with the Federal Government that do 

not qualify as a covered ‘‘new contract’’ 

for purposes of Executive Order 14026 

and thus will remain subject to the 

minimum wage requirements of 

Executive Order 13658. 

The Department anticipates that, in 

the relatively near future, essentially all 

covered contracts with the Federal 

Government will qualify as ‘‘new’’ 

contracts under Executive Order 14026 

and be subject to its higher minimum 

wage rate. Until such time, however, 

Executive Order 13658 and its 

regulations at 29 CFR part 10 must 

remain in place. Accordingly, the 

Department will continue announcing 

annual updates to Executive Order 

13658’s minimum wage rates for 

existing contracts still covered by 

Executive Order 13658.2

III. The 2024 Executive Order 13658 

Minimum Wage Rate 

Using the methodology set forth in 

Executive Order 13658 and summarized 

above, the Department must first 

determine the annual percentage 

increase in the CPI–W (United States 

city average, all items, not seasonally 

adjusted), as published by BLS, to 

determine the new Executive Order 

13658 minimum wage rate. In 

calculating the annual percentage 

increase in the CPI–W, the Department 

must compare the CPI–W for the most 

recent year available with the CPI–W for 

the preceding year. The Department 

therefore compares the percentage 

change in the CPI–W between the most 

recent year (i.e., the most recent four 

quarters) and the prior year (i.e., the four 

quarters preceding the most recent 

year). The Department then increases 

the current Executive Order minimum 

wage rate by the resulting annual 

percentage change and rounds to the 

nearest multiple of $0.05. 

To determine the Executive Order 

13658 minimum wage rate beginning 

January 1, 2024, the Department 

calculated the CPI–W for the most 

recent year by averaging the CPI–W for 

the four most recent quarters, which 

consist of the first two quarters of 2023 

and the last two quarters of 2022 (i.e., 

July 2022 through June 2023). This 

produced an average index level of 

294.367.3 The Department then 

compared that data to the average CPI– 

W for the preceding year—277.278— 

which consists of the first two quarters 

of 2022 and the last two quarters of 2021 

(i.e., July 2021 through June 2022). 

Based on this methodology, the 

Department determined that the annual 

percentage increase in the CPI–W 

(United States city average, all items, 

not seasonally adjusted) was 6.163 

percent ((294.367 ÷ 277.278) ¥1). The 

Department then applied that annual 

percentage increase of 6.163 percent to 

the current Executive Order hourly 

minimum wage rate of $12.15, which 

resulted in a wage rate of $12.899 

(($12.15 × 0.06163) + $12.15). Pursuant 

to the Executive Order, that rate must be 

rounded to the nearest multiple of 

$0.05. 

The new Executive Order 13658 

minimum wage rate that must generally 

be paid to workers performing on or in 

connection with covered contracts 

beginning January 1, 2024 is therefore 

$12.90 per hour. 

IV. The 2024 Executive Order 13658 

Minimum Cash Wage For Tipped 

Employees 

As noted above, section 3 of Executive 

Order 13658 provides a methodology to 

determine the amount of the minimum 

hourly cash wage that must be paid to 

tipped employees performing on or in 

connection with covered contracts. 

Because the cash wage for tipped 

employees reached 70 percent of the 

Executive Order 13658 minimum wage 

beginning on January 1, 2018 (i.e., $7.25 

per hour compared to $10.35 per hour), 

future updates to the cash wage for 

tipped employees must continue to set 

the rate at 70 percent of the full 

Executive Order 13658 minimum wage. 

Seventy percent of the new Executive 

Order 13658 minimum wage rate of 

$12.90 is $9.03 ($12.90 × 0.70). Because 

the Executive Order provides that the 

rate must be rounded to the nearest 

$0.05, the new minimum hourly cash 

wage for tipped workers performing on 

or in connection with covered contracts 

beginning January 1, 2024, is therefore 

$9.05 per hour. 

V. Appendices 

Appendix A to this notice provides a 

chart of the CPI–W data published by 

BLS that the Department used to 

calculate the new Executive Order 

13658 minimum wage rate based on the 

methodology explained herein. A poster 

reflecting the new Executive Order 

13658 minimum wage rate will be 

publicly available on the WHD website 

on January 1, 2024. 

Julie A. Su, 

Acting Secretary of Labor. 

Appendix A: Data Used to Determine 

Executive Order 13658 Minimum Wage 

Rate Effective January 1, 2024. 

Data Source: Consumer Price Index for 

Urban Wage Earners and Clerical Workers 

(CPI–W) (United States city average, all 

items, not seasonally adjusted) 

Quarter 3 Quarter 4 Quarter 1 Quarter 2 Annual 

average 

2021Q3 to 2022Q2 267.789 268.387 269.086 271.552 273.042 273.925 276.296 278.943 283.176 284.575 288.022 292.542 277.278 

2022Q3 to 2023Q2 292.219 291.629 291.854 293.003 292.495 291.051 293.565 295.057 296.021 297.730 298.382 299.394 294.367 

Annual Percentage 

Increase ............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. 6.163% 


ddrumheller on DSK120RN23PROD with NOTICES1
66906 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices 

1Based on an order issued by the U.S. Court of 

Appeals for the Tenth Circuit on February 17, 2022, 

the minimum wage requirements of the final rule 

implementing Executive Order 14026 are not 

currently being enforced as to ‘‘contracts or 

contract-like instruments entered into with the 

federal government in connection with seasonal 

recreational services or seasonal recreational 

equipment rental for the general public on federal 

lands.’’ The final rule’s requirements remain in 

effect for all other contracts subject to the rule. 

[FR Doc. 2023–21114 Filed 9–27–23; 8:45 am] 

BILLING CODE 4510–27–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

Minimum Wage for Federal Contracts 

Covered by Executive Order 14026, 

Notice of Rate Change in Effect as of 

January 1, 2024 

AGENCY: Wage and Hour Division, 

Department of Labor. 

ACTION: Notice. 

SUMMARY: The Wage and Hour Division 

(WHD) of the U.S. Department of Labor 

(the Department) is issuing this notice to 

announce the applicable minimum 

wage rate for workers performing work 

on or in connection with federal 

contracts covered by Executive Order 

14026, Increasing the Minimum Wage 

for Federal Contractors (the Executive 

Order or the order). Beginning on 

January 1, 2024, the Executive Order 

14026 minimum wage rate that 

generally must be paid to workers 

performing work on or in connection 

with covered contracts will increase to 

$17.20 per hour. This minimum wage 

rate will apply to non-tipped and tipped 

employees alike, as, beginning January 

1, 2024, Executive Order 14026 

eliminates the lower cash wage that 

contractors may pay tipped employees. 

Contracts similar to those covered by 

Executive Order 14026 that were 

entered into, renewed, or extended prior 

to January 30, 2022, are generally 

subject to a lower minimum wage rate 

established by Executive Order 13658 of 

February 12, 2014, Establishing a 

Minimum Wage for Contractors. 

DATES: These new Executive Order 

14026 wage rates shall take effect on 

January 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Amy DeBisschop, Director, Division of 

Regulations, Legislation, and 

Interpretation, Wage and Hour Division, 

U.S. Department of Labor, Room S– 

3502, 200 Constitution Avenue NW, 

Washington, DC 20210; telephone: (202) 

693–0406 (this is not a toll-free 

number). Alternative formats are 

available upon request by calling 1– 

866–487–9243. If you are deaf, hard of 

hearing, or have a speech disability, 

please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 

I. Executive Order 14026 Background 

and Requirements for Determining 

Annual Increases to the Minimum 

Wage Rate 

On April 27, 2021, President Joseph 

R. Biden, Jr. signed Executive Order 

14026, ‘‘Increasing the Minimum Wage 

for Federal Contractors.’’ 86 FR 22835. 

In relevant part, Executive Order 14026 

raised the hourly minimum wage paid 

by federal contractors to workers 

performing work on or in connection 

with certain covered Federal contracts 

to $15.00 per hour, beginning January 

30, 2022, with annual adjustments for 

inflation thereafter in amounts 

determined by the Secretary of Labor. 

Id. 

Executive Order 14026 directed the 

Secretary to issue regulations to 

implement the order’s requirements. See 

86 FR 22836. Accordingly, after 

engaging in notice-and-comment 

rulemaking, the Department published a 

final rule on November 24, 2021, 

implementing Executive Order 14026. 

See 86 FR 67126. The final regulations, 

set forth at 29 CFR part 23, established 

standards and procedures for 

implementing and enforcing the 

minimum wage protections of Executive 

Order 14026.1

Executive Order 14026 and its 

implementing regulations require the 

Secretary to determine the applicable 

minimum wage rate for workers 

performing work on or in connection 

with covered contracts on an annual 

basis, beginning January 1, 2023. See 86 

FR 22835–36; see also 29 CFR 

23.10(b)(2), 23.50(a)(2), 23.120(a). 

Sections 2(a) and (b) of Executive Order 

14026 establish the methodology that 

the Secretary must use to determine the 

annual inflation-based increases to the 

minimum wage rate. See 86 FR 22835– 

36. These provisions, which are 

implemented in 29 CFR 23.50(b)(2), 

explain that the applicable minimum 

wage determined by the Secretary for 

each calendar year shall be: 

• Not less than the amount in effect 

on the date of such determination; 

• Increased from such amount by the 

annual percentage increase in the 

Consumer Price Index for Urban Wage 

Earners and Clerical Workers (CPI–W) 

(United States city average, all items, 

not seasonally adjusted), or its successor 

publication, as determined by the 

Bureau of Labor Statistics (BLS); and 

• Rounded to the nearest multiple of 

$0.05. 

Section 2(b) of Executive Order 14026 

further provides that, in calculating the 

annual percentage increase in the CPI– 

W for purposes of determining the new 

minimum wage rate, the Secretary shall 

compare such CPI–W 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) with the CPI–W for the same 

month in the preceding year, the same 

quarter in the preceding year, or the 

preceding year, respectively. See 86 FR 

22835–36. To calculate the annual 

percentage increase in the CPI–W, the 

Department elected in its final rule 

implementing Executive Order 14026 to 

compare such CPI–W for the most 

recent year available with the CPI–W for 

the preceding year. See 29 CFR 

23.50(b)(2)(iii). Consistent with the 

regulations implementing Executive 

Order 13658, see 29 CFR 10.5, the 

Department explained that it decided to 

compare the CPI–W for the most recent 

year available (instead of using the most 

recent month or quarter, as allowed by 

the order) with the CPI–W for the 

preceding year, ‘‘to minimize the impact 

of seasonal fluctuations on the 

Executive order minimum wage rate.’’ 

86 FR 67167. 

Once a determination has been made 

with respect to the new minimum wage 

rate, Executive Order 14026 and its 

implementing regulations require the 

Secretary to notify the public of the 

applicable minimum wage rate on an 

annual basis at least 90 days before any 

new minimum wage takes effect. See 86 

FR 22835; 29 CFR 23.50(a)(2), 

23.120(c)(1). The regulations explain 

that the Administrator of the 

Department’s Wage and Hour Division 

(the Administrator) will publish an 

annual notice in the Federal Register 

stating the applicable minimum wage 

rate at least 90 days before any new 

minimum wage takes effect. See 29 CFR 

23.120(c)(2)(i). Additionally, the 

regulations state that the Administrator 

will provide notice of the Executive 

Order minimum wage rate on https://

sam.gov/content/wage-determinations, 

or any successor site; on all wage 

determinations issued under the DavisBacon Act (DBA), 40 U.S.C. 3141 et seq., 

and the Service Contract Act (SCA), 41 

U.S.C. 6701 et seq.; and by other means 

the Administrator deems appropriate. 

See 29 CFR 23.120(c)(2)(ii)–(iv). 

Section 3 of Executive Order 14026 

explains the application of the order to 

tipped workers. 86 FR 22836. It 


ddrumheller on DSK120RN23PROD with NOTICES1