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Pay the highest wage requirement that applies to the worker and the work. A higher state or local minimum wage, or an applicable Service Contract Act (SCA) or Davis-Bacon Act (DBA) prevailing wage, is not displaced by a federal contractor minimum. As of October 13, 2026, the old $15-per-hour rate under Executive Order 14026 is not being enforced by the U.S. Department of Labor (DOL). For certain covered contracts still subject to Executive Order 13658, the current federal contractor minimum is $13.65 per hour for non-tipped workers; the tipped cash-wage floor is $9.55 per hour under stated tip conditions.
How to determine which minimum wage applies
Start with the worker’s actual job, contract, and work location—not simply the fact that an employer does business with the federal government. Identify every wage rule that covers that worker and work, then pay the highest applicable rate. DOL states that employers must pay the highest applicable minimum wage, whether federal, state, or local, in its Consolidated Minimum Wage Table.
For a federal contractor, that comparison can involve more than three minimum-wage figures. A worker might be covered by Executive Order 13658 (EO 13658), a state or city minimum-wage law, and a prevailing-wage requirement under the SCA or DBA. The applicable prevailing wage for the worker’s classification may be higher than a minimum-wage floor. The rate is specific to the circumstances; there is no single contractor rate that automatically applies to every employee of every federal contractor.
The practical question is not which wage number is highest in the abstract. It is which of the potentially relevant requirements actually covers this contract, this worker, this classification, and this work location during the pay period in question. A rate that does not apply to the worker is not made applicable just because it is higher. Conversely, a contractor rate does not cap pay if a higher state, local, or prevailing-wage obligation applies.
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Current federal contractor rates and the EO 14026 change
The federal contractor wage figures must be read alongside their effective dates and coverage rules. The former $15-per-hour floor under Executive Order 14026 (EO 14026) should not be treated as the generally enforced current contractor minimum. DOL says Executive Order 14236 revoked EO 14026 on March 14, 2025, and that it is no longer enforcing EO 14026 or its implementing rule. DOL’s current EO 13658 fact sheet describes that change.
| Wage rule or worker type | Rate and timing | What it means |
|---|---|---|
| Covered, non-tipped worker under EO 13658 | $13.65 per hour, effective May 11, 2026 | Applies only when the contract and worker are covered by EO 13658. DOL’s 2026 annual update publishes the rate. |
| Covered, tipped worker under EO 13658 | $9.55 per hour cash wage, effective May 11, 2026 | The DOL poster says tips must bring the worker to $13.65 for all covered hours from May 11 through December 31, 2026. See the September 2026 worker-rights poster. |
| Former EO 14026 floor | $15 per hour; not currently enforced by DOL | DOL says EO 14236 revoked EO 14026 on March 14, 2025, and DOL no longer enforces that order or its implementing rule. This is not a current generally enforced federal contractor floor. |
| State or local minimum wage | Depends on the work location, law, coverage, and effective date | Check the current jurisdiction-specific rate and whether the law covers the worker. DOL’s consolidated table is a starting point, not a substitute for checking exceptions and coverage. |
| SCA or DBA prevailing wage | Depends on the covered contract and worker classification; no single rate is established here | Check the applicable wage determination. If that prevailing wage applies and is higher than a minimum-wage floor, the higher requirement controls. |
The EO 13658 annual figures are not a promise that every contractor employee is entitled to those rates. First confirm coverage. Similarly, a state or local figure cannot be selected solely by the employer’s headquarters address: the relevant jurisdiction and the applicable law’s coverage conditions must be checked for the work being performed.
The rate table is a comparison aid, not a substitute for the contract-specific review. For each candidate rate, note the effective date and the rule’s coverage. DOL’s consolidated table was revised July 1, 2026, while the EO 13658 poster was revised in September 2026 and the current contractor rate took effect May 11, 2026. If a wage rate or legal requirement changes, a rate selected for an earlier period may no longer answer the question for a later pay period.
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Check the contract and worker for EO 13658 coverage
EO 13658 applies to specified federal service and construction contracts and to workers performing work “on” or “in connection with” covered contracts, as described by DOL. That formulation matters: a federal contractor’s entire workforce is not automatically covered just because the company holds a government contract. A particular worker’s duties and relationship to the covered contract need to be considered.
Review the relevant contract terms and history, including the contract date and whether it was renewed or extended. DOL’s materials distinguish contract groups, and the current materials state that EO 14026 is no longer enforced. Do not infer that an older $15 EO 14026 rate remains in force just because a contract or payroll record once referred to it. Confirm which order and wage terms apply to the contract at issue using the current DOL materials and the contract documents.
- Identify the federal contract and the work the employee performs in relation to it.
- Check the contract’s applicable wage terms and relevant date, including renewal or extension history.
- Confirm the worker’s classification and whether the contract is subject to an SCA or DBA wage determination.
- Do not assume that a rule applying to one worker, contract, or location applies to the employer’s whole workforce.
Coverage is a threshold question, not a detail to address after choosing the rate. An employer may have one employee performing work on a covered contract and another employee whose work is unrelated to it. Likewise, contract terms and history may matter when deciding which executive-order requirements apply. Keep the contract and its relevant wage terms available when making the determination rather than relying only on a company-wide payroll setting or a remembered rate.
For a particular employee, connect the person’s actual duties to the contract instead of relying only on job title. The relevant question is whether the employee performs work on or in connection with the covered contract, under the applicable coverage rules. The DOL fact sheet is useful for understanding that coverage framework, but the contract documents and the employee’s work are needed to apply it to a specific situation.
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Compare the state and local rate for the work location
After checking federal contractor coverage, identify the state and local wage laws relevant to where the worker performs the work. Rates may change, and laws can define their coverage differently or provide exemptions. Use the current jurisdictional information in DOL’s Consolidated Minimum Wage Table as a starting point, then verify the law’s effective date, coverage conditions, and any relevant exception for the worker and employer.
Do not use a state rate as a proxy for a local rate where a city or other locality has its own applicable minimum. Nor should a rate be applied just because it is the highest number visible: it must actually cover the worker and the work. The comparison is between applicable obligations, not every wage figure that exists in a region.
- Pin down the work location. Identify the jurisdiction where the work is performed and any local jurisdiction whose law may cover it.
- Find the current minimums. Check the applicable state and local rates, their effective dates, and the laws’ coverage conditions.
- Check worker-specific rules. Determine whether the worker’s occupation, status, or other circumstances affect coverage or the rate.
- Compare only rates that apply. Keep the eligible state and local figures alongside the applicable federal contractor and prevailing-wage rates.
A jurisdiction table helps locate the relevant numbers, but its entry does not settle every question about an individual worker. Check whether the law covers the worker and employer, whether an exemption is relevant, and which date the rate becomes effective. In particular, do not treat a rate as current for all of 2026 without checking its effective date. The same discipline applies when work occurs under a local law: confirm whether that locality’s rule covers the work rather than assuming the state rate is the only jurisdictional minimum to review.
If an employee’s work location changes, revisit the comparison. A payroll address, employer headquarters, or contract office may not identify the jurisdiction whose wage law applies to the work. The necessary location information is the location relevant to the work being performed, along with the particular state and local coverage rules.
Check SCA and DBA wage determinations separately
A minimum-wage comparison does not replace a prevailing-wage review. DOL explains that a contractor’s obligation to pay an executive-order minimum does not excuse noncompliance with other applicable federal or state prevailing-wage law, including the SCA and DBA, or with a state or municipal minimum wage higher than the executive-order minimum. See DOL’s EO 13658 Frequently Asked Questions.
Where the SCA or DBA applies, look up the wage determination for the contract and the worker’s classification. Do not compare only the headline minimum-wage rates: the applicable wage determination can prescribe a higher rate for that classification. If multiple requirements cover the worker, the employer must satisfy each applicable requirement; in practical terms, a lower minimum does not erase a higher prevailing-wage obligation.
- Confirm whether the contract is subject to the SCA or DBA.
- Locate the wage determination that applies to the contract and its relevant date.
- Match the employee’s actual duties to the appropriate classification.
- Compare that classification’s applicable prevailing wage with other applicable wage floors.
The prevailing-wage check is a separate line of inquiry even when the contractor minimum and state or local minimum have already been identified. A wage determination is tied to the contract and classification, so a general minimum-wage table cannot supply that classification’s rate. If an employee’s duties do not clearly fit the classification used in the determination, resolve that classification question rather than assuming the lowest or most familiar rate applies.
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DOL’s rule is not that a contractor may choose one wage law and ignore the rest. Its EO 13658 FAQ specifically says the executive-order wage obligation does not excuse failure to comply with another applicable prevailing-wage law or a higher applicable state or municipal minimum. For rate-setting, that means checking the applicable obligations together and ensuring the worker receives at least the highest rate they require.
How the tipped-worker rate works
For a covered tipped worker under EO 13658, DOL lists a $9.55-per-hour cash-wage floor beginning May 11, 2026. The September 2026 DOL poster states that this cash wage applies provided the employee receives enough tips to reach $13.65 for all relevant covered hours through December 31, 2026. The cash wage is therefore not, by itself, the complete earnings test described by the poster.
Check the worker’s tipped status and the terms applicable to the contract, then verify that tips satisfy the stated amount for all covered hours. If the tips do not bring the worker to the required level, the employer cannot rely on the $9.55 cash wage as though the condition had been met. Also compare any higher applicable state or local rule and any prevailing-wage requirement; the federal tipped cash-wage figure does not cancel those obligations.
Keep the two figures distinct when reviewing a tipped worker’s pay: $9.55 is the stated cash-wage amount, while $13.65 is the level tips must bring the worker to for all covered hours in the period stated on the poster. Do not compare the cash wage alone with a state or local minimum and conclude that the employee’s pay satisfies every rule. First establish that the federal tipped-worker provision applies, then check the tip condition and other applicable wage requirements.
The poster states the tip condition for covered hours from May 11 through December 31, 2026. Do not assume from that statement what rate or method applies after that period; check the current DOL materials and the contract terms for the relevant dates. The same date-specific caution applies to a change in worker status or location: the applicable coverage and wage rules must be checked for the actual work and time period.
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A practical rate-setting checklist
For an individual payroll decision, use a dated record of the worker, contract, location, and rate sources so the conclusion can be checked when rates or contract terms change. The order below avoids the common mistake of selecting a federal contractor figure before establishing that it covers the employee.
- Describe the work. Record the worker’s duties, work location, whether the worker is tipped, and how the work relates to the federal contract.
- Establish contract coverage. Check whether the contract and the employee’s work are covered by EO 13658. Review contract terms, date, and renewal or extension history.
- Identify prevailing-wage duties. Check for an SCA or DBA requirement and the applicable wage determination and classification.
- Verify jurisdictional minimums. Check the current state and local rates for the work location, including effective dates, coverage rules, and exemptions.
- Apply the tipped-worker condition if relevant. For a covered tipped worker under EO 13658, verify the cash-wage floor and whether tips reach the stated threshold for the covered hours.
- Set the rate that satisfies every applicable rule. Pay at least the highest applicable minimum or prevailing-wage requirement, and retain the basis for the decision.
- Recheck when something changes. Revisit the rate if the work location, duties, contract terms, classification, or effective wage rates change.
A useful record can identify the pay period, worker and job classification, work location, contract and relevant dates, whether the worker is tipped, each applicable rate, and the source used to verify it. This is particularly helpful when separate sources have different update or effective dates. Save the applicable wage determination and the contract information used for the decision, not just the final hourly figure.
When the review is complete, make the conclusion traceable: list which requirements applied, which did not, and why the selected rate satisfies the applicable ones. If no EO 13658 coverage applies, do not include that rate as a controlling floor simply because the employer is a federal contractor. If an SCA or DBA determination applies, make sure the chosen rate also accounts for the worker’s classification and the determination’s relevant terms.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Common mistakes to avoid
- Treating $15 as the current federal contractor rate. DOL says EO 14026 was revoked on March 14, 2025, and is no longer enforced by DOL. The current EO 13658 rates are separate and apply only to covered contracts and workers.
- Assuming every federal contractor employee is covered. Coverage depends on the specified contract and the worker’s work in relation to it.
- Stopping at the contractor minimum. A higher state or local minimum, or an applicable SCA or DBA prevailing wage, remains relevant.
- Using a location rate without checking coverage. Verify the jurisdiction, effective date, and law-specific conditions rather than choosing a rate based on a company address or a general table entry alone.
- Treating the tipped cash wage as unconditional. The EO 13658 poster ties the $9.55 cash wage to tips bringing covered earnings to $13.65 for the stated period.
Another avoidable error is using a single number for every worker on a contract. Contract coverage, worker duties, classification, tip status, and location can differ among employees. A correct rate determination for one person is not automatically a determination for another person doing different work or working under different conditions.
Also avoid relying on an old payroll setup without checking whether its underlying terms remain current. DOL’s notice on EO 14026 is particularly relevant if a previous record uses the former $15 amount. Confirm the current applicable order, rate, and effective period rather than carrying a historical figure forward by default.
Where to verify a specific worker’s rate
DOL’s EO 13658 annual update and current worker-rights poster provide the current contractor rate information; the fact sheet explains the EO 14026 revocation and background on coverage. The consolidated table helps identify jurisdictional minimums, while the FAQ addresses the relationship between the executive-order floor, other prevailing-wage laws, and higher state or municipal minimums. For an individual rate decision, those public references need to be read together with the actual contract, wage determination, worker classification, work location, and applicable state and local law.
The DOL Consolidated Minimum Wage Table was revised July 1, 2026. The EO 13658 worker-rights poster was revised in September 2026 and lists the $13.65 non-tipped rate and $9.55 tipped cash wage effective May 11, 2026, with the stated tip condition through December 31, 2026. Check the latest version of the relevant material when setting or reviewing a rate, and use the contract and wage determination for the worker-specific details that public summary tables cannot establish.
This is a general rule rather than a determination of an individual employee’s legal rate. A specific decision requires the contract and its history, the employee’s duties and classification, the work location, the applicable wage determination if any, and current state and local rules. Where those facts are uncertain, seek a contract-specific review instead of relying on a headline minimum-wage figure.
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Frequently Asked Questions
Do I have to pay the higher state or local minimum wage?
Yes, if that state or local rate applies to the worker and work and is higher than another applicable minimum. DOL says employers must pay the highest applicable minimum wage. Check the jurisdiction, effective date, and coverage rules; a higher rate that does not cover the worker is not automatically controlling.
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Is the federal contractor minimum still $15 an hour?
DOL says EO 14236 revoked EO 14026 on March 14, 2025, and DOL is no longer enforcing EO 14026 or its implementing rule. For certain contracts and workers covered by EO 13658, DOL lists $13.65 per hour for non-tipped workers beginning May 11, 2026. Coverage must be confirmed.
Does every employee of a federal contractor get the EO 13658 rate?
No. EO 13658 covers specified federal service and construction contracts and workers performing work on or in connection with covered contracts. A company’s federal-contractor status alone does not establish that every employee is covered.
What is the tipped-worker rate under EO 13658?
DOL lists a $9.55-per-hour cash wage beginning May 11, 2026, provided tips bring the worker to $13.65 for all relevant covered hours through December 31, 2026. The cash-wage figure is conditional and does not replace any higher applicable state, local, or prevailing-wage requirement.
Can an SCA or DBA wage determination be higher than the contractor minimum?
Yes. If the SCA or DBA applies, check the contract’s wage determination and the worker’s classification. DOL says an executive-order minimum does not excuse compliance with other applicable prevailing-wage law.
Which rate should I use if more than one wage rule applies?
Identify every rule that covers the worker and work, including EO 13658 if applicable, state and local minimums, and any SCA or DBA prevailing wage. Pay at least the highest applicable rate and satisfy each applicable requirement.
The Bottom Line
Pay the highest rate that actually applies. For certain covered contracts, EO 13658 sets a $13.65 hourly minimum for non-tipped workers and a conditional $9.55 cash wage for tipped workers beginning May 11, 2026. Check the worker’s contract coverage, work location, classification, tipped status, and any applicable state, local, SCA, or DBA requirement before setting the rate. DOL says EO 14026 was revoked on March 14, 2025, and is no longer being enforced by the agency.
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