5th Circuit: Minimum Wage EO Is Permitted Exercise Of Authority Under FPASA

( February 6, 2025, 12:12 PM EST) -- NEW ORLEANS — A 2021 executive order (EO) by then-President Joseph R. Biden requiring various federal agencies to ensure that contractors and covered subcontractors pay specified workers a minimum of $15 per hour was “a valid exercise of the President’s authority under the FPASA [Federal Property and Administrative Services Act of 1949],” a Fifth Circuit U.S. Court of Appeals panel ruled, reversing a trial court’s decision to permanently enjoin the EO and remanding for the trial court to consider in the first instance whether the major questions doctrine applies and, if it does, whether the EO violates it....