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If a federal contractor or subcontractor pays you less than the rate required for your work, preserve your pay and job records and contact the U.S. Department of Labor’s Wage and Hour Division (WHD) at 1-866-487-9243. Ask WHD which law and contract wage determination cover your job. Do not assume there is one universal “federal contractor minimum wage”: coverage may depend on the contract type, award or renewal date, duties, location, tipped status and a prevailing-wage determination.
The current rules also changed recently. The Department of Labor says Executive Order 14026 was revoked on March 14, 2025, and that it no longer enforces that order or its implementing regulation, 29 CFR part 23. A different order, Executive Order 13658, can still matter for certain older contracts, while the Davis-Bacon and Related Acts, the Service Contract Act, and other federal, state, local or contract requirements may set a different or higher rate.
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Why the correct rate is not always obvious
A federal project does not automatically mean that every worker is entitled to the same hourly amount. The legally required pay is determined by the rule that covers the particular contract and the work performed. A construction employee may fall under a Davis-Bacon wage determination; a service employee may be covered by the Service Contract Act; an older qualifying contract may be subject to Executive Order 13658; and another federal, state, local or contractual requirement may provide a higher floor.
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The comparison that matters is your actual compensation against the applicable wage determination for your classification and work location. A national minimum-wage figure by itself may be the wrong benchmark. Your employer may also be a subcontractor rather than the company named on the prime contract, but that does not answer the coverage question. WHD can help identify which rule applies.
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Executive Order 14026 is no longer enforced by DOL
The Department of Labor’s current contractor-compliance notice says Executive Order 14236 revoked Executive Order 14026 on March 14, 2025. DOL states that it is no longer enforcing EO 14026 or 29 CFR part 23 and will take steps to rescind that regulation. The former EO 14026 contractor rate and its former complaint procedures should therefore not be presented as current DOL policy.
“Pursuant to section 2(d) of Executive Order 14236, the Department of Labor is no longer enforcing Executive Order 14026 or the implementing rule (29 CFR part 23) and will take steps, including rescinding 29 CFR part 23, to implement and effectuate the revocation of Executive Order 14026.”
U.S. Department of Labor, Wage and Hour Division
When Executive Order 13658 may apply
EO 13658 generally covers qualifying contracts entered into, renewed or extended from January 1, 2015, through January 29, 2022, when they were not renewed or extended on or after January 30, 2022. For covered work, DOL lists rates effective May 11, 2026 of $13.65 per hour for non-tipped employees and $9.55 per hour for tipped employees.
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1Fix the driver behind crashes, sound loss and screen glitches2Repair Windows errors before they cause bigger problems3Scan for outdated or missing drivers - takes under a minuteThose figures are not a universal rate for all federal contractors. The contract must meet EO 13658’s coverage requirements, the work must be performed on or in connection with that contract, and the tipped or non-tipped classification must be correct. A wage determination under another law can require more.
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Other federal contractor wage laws
DOL identifies the Davis-Bacon and Related Acts and the Service Contract Act as separate federal contractor wage regimes. Davis-Bacon rules commonly arise on covered construction contracts, while the Service Contract Act can apply to covered federal service contracts. Each uses its own coverage rules, classifications, locations and wage determinations. The contract may also incorporate a higher wage requirement, and state or local law can provide additional protection.
What to do after you notice a possible underpayment
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Create a contemporaneous record
Save every pay stub, direct-deposit statement, schedule, timecard, personal hour log, job description, hiring document and notice showing a wage rate. Keep messages about missing hours, deductions, overtime, tips, classification or changes in duties. Record the project name, address, dates worked, employer and any subcontractor or staffing company involved. Preserve copies somewhere you can access if your work account is closed.
Write down what you actually did, not only your job title. A title such as laborer, cleaner, technician or operator may not match the classification used in a wage determination. Note the dates and locations for each type of task, who supervised you and whether you moved between project sites.
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Calculate the apparent shortfall without guessing the legal rate
For each pay period, list hours worked, hourly pay, tips or other compensation, deductions and the amount received. Separate work on the federal project from unrelated work. Your worksheet should show the amount actually paid and leave a second column for the rate WHD later identifies. Do not label the difference “wages owed” until the applicable law and wage determination are confirmed.
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Keep your original records even if payroll later issues a correction. A corrected check does not erase a possible retaliation issue or explain whether all hours and classifications were counted.
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Gather facts that determine coverage
Try to learn when the contract was awarded, renewed or extended, whether the project is construction or a service, the federal agency involved, the project location and whether your employer is a prime contractor or subcontractor. Identify your actual duties, whether you received tips, and whether any notice at the worksite listed a wage determination.
You do not need to solve the legal coverage question before contacting WHD. These facts simply help the investigator route the complaint. If you cannot obtain the contract, say so; the agency can request records from the contractor.
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Contact the Wage and Hour Division
Call 1-866-487-9243 or use the U.S. Department of Labor’s Wage and Hour Division complaint information page. Explain that you worked for a federal contractor or subcontractor, describe the project and suspected shortfall, and ask which wage law and wage determination WHD believes applies.
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Have your employer’s legal name, worksite address, dates of employment, job duties, pay rate, hours, pay periods and contact information ready. Tell the agency if other workers appear to be affected, but do not submit another person’s private records without permission.
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Report retaliation at the same time
Tell WHD if anyone threatened you, cut your hours, changed your schedule, disciplined you, denied a promotion or fired you after you asked about pay, complained internally or contacted the government. Explain the sequence of events with dates and identify witnesses or messages.
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Follow up with a clear file
Keep a copy of what you submitted and a timeline of calls, emails and payments. If the investigator asks for clarification, answer with dates, documents and factual descriptions. Notify WHD if you receive back wages, a settlement offer or a new adverse action after the complaint.
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What happens after a WHD complaint
DOL describes a typical investigation as involving private employee interviews and a review of the employer’s records. Investigators may compare payroll, timekeeping, contracts, wage determinations, duties and work locations. If the investigation finds back wages are owed, WHD requests payment.
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The agency may need to determine whether the prime contractor, a subcontractor or both had responsibilities under the applicable law. It may also examine whether deductions, tip treatment, unpaid preparation or travel time, or an incorrect classification reduced the required wage. Give a complete account rather than focusing only on the amount shown on one paycheck.
The EO 13658 materials describe possible withholding of federal contract payments to cover unpaid wages and an administrative hearing and appeal process. Those procedures are specific to that order and should not be attributed to EO 14026, which DOL no longer enforces. The remedy available in an individual case depends on the governing law and the facts established during the investigation.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How to identify the likely wage rule
Use the following questions to organize your information before speaking with WHD. They are screening questions, not a substitute for an agency or legal determination.
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|---|---|
| What kind of contract was it? | Construction, services and other federal purchases can trigger different wage statutes and clauses. |
| When was it awarded, renewed or extended? | EO 13658 coverage depends on contract dates, including its January 2015–January 2022 period and later renewals or extensions. |
| What work did you actually perform? | Wage determinations use job classifications; your duties may differ from your title. |
| Where did you work? | Prevailing-wage determinations can vary by locality, and a project may have more than one worksite. |
| Were you tipped? | Where EO 13658 applies, DOL lists different 2026 amounts for tipped and non-tipped employees. |
| Was your employer a subcontractor? | Subcontractor status can affect which contract records and parties WHD must review. |
| Is another rate higher? | Davis-Bacon, the Service Contract Act, state or local law, or a contract clause may exceed the rate you first identified. |
Retaliation and protected activity
Wage complaints can create a second legal issue if the contractor responds adversely. Report threats, discipline, reduced hours, undesirable reassignment, denial of promotion or termination, even if the original underpayment is still being investigated. Save the messages, schedules and termination notice, and write down who made each statement.
DOL says applicable contractor anti-retaliation provisions can prohibit adverse action for protected activity. Under EO 13658, possible remedies can include employment, reinstatement, promotion and lost wages. The protection and remedy depend on the law covering your work, so describe the conduct to WHD instead of assuming a particular remedy is guaranteed.
Common mistakes that weaken a complaint
- Quoting the former EO 14026 rate. DOL no longer enforces EO 14026 after its March 14, 2025 revocation.
- Applying the EO 13658 amounts to every federal job. The $13.65 and $9.55 figures are for covered EO 13658 work and are effective May 11, 2026; they are not a general federal-contractor minimum.
- Using only a job title. Describe duties, tools, supervision and locations so the correct classification can be evaluated.
- Discarding personal time records. Even if the contractor’s records are incomplete, your contemporaneous notes, schedules and messages can help establish hours and dates.
- Ignoring deductions or tips. Explain how the amount was calculated and identify every deduction or tip arrangement rather than reporting only the net deposit.
- Waiting to report retaliation. Include adverse actions in the initial contact and update WHD if they occur later.
- Assuming a subcontractor cannot be reported. Tell WHD every company involved and who issued your paychecks or instructions.
When a lawyer or legal-aid organization may help
WHD is a practical first contact, but an employment lawyer or worker-side legal-aid organization may be useful when the amount is substantial, several laws overlap, records are missing, immigration or disability issues are involved, a collective action is possible, or retaliation has already occurred. Bring your timeline, pay records, contract notices, names of all companies and copies of communications. Do not delay contacting WHD while searching for counsel; the agency can explain the next procedural step.
Bottom line
Start with records, not a guessed rate. The former EO 14026 regime is no longer enforced by DOL. EO 13658’s May 11, 2026 figures apply only to contracts within that order’s defined scope, and Davis-Bacon, the Service Contract Act or another wage determination may control instead. Call WHD at 1-866-487-9243, identify the project, dates, duties, location, pay and subcontractor relationships, and report any retaliation along with the suspected underpayment.
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