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Save your pay and work records, identify the federal project and your actual duties, then contact the U.S. Department of Labor’s Wage and Hour Division (WHD) at 1-866-487-9243 or through its complaint information page. Tell WHD that you work for a federal contractor or subcontractor and ask which wage law and contract wage determination apply. The correct comparison is your pay against that project’s applicable requirement—not a single nationwide “federal contractor minimum wage.”
First, understand why the answer is not one universal rate
Federal-contractor pay can be controlled by different laws and contract clauses. Construction work may fall under the Davis-Bacon and Related Acts; service work may fall under the Service Contract Act; some older contracts may be covered by Executive Order (EO) 13658; and another federal, state, local, or contractual requirement may set a higher amount. Coverage depends on the contract, the dates it was awarded or changed, the duties performed, the job location, and the wage determination attached to the work.
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Do not rely on an old article that labels the former EO 14026 rate as current. The Department of Labor’s current contractor-compliance notice says EO 14236 revoked EO 14026 on March 14, 2025. DOL is no longer enforcing EO 14026 or its implementing rule, 29 CFR part 23, and says it will take steps to rescind that rule. The former EO 14026 rate and its former enforcement process therefore should not be presented as current DOL policy.
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Check whether EO 13658 could cover your job
EO 13658 is a separate order with a narrower, date-based scope. DOL says it generally covers qualifying contracts entered into, renewed, or extended from January 1, 2015, through January 29, 2022, when those contracts were not renewed or extended on or after January 30, 2022. The contract must otherwise meet the order’s coverage rules, and the work must be performed on or in connection with that contract.
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| EO 13658 rate | Effective date | Who it concerns |
|---|---|---|
| $13.65 per hour | May 11, 2026 | Non-tipped employees performing covered work under an eligible contract |
| $9.55 per hour | May 11, 2026 | Tipped employees performing covered work under an eligible contract |
These are not rates for every person employed by a federal contractor. They apply only when the contract and work satisfy EO 13658’s requirements. A Davis-Bacon or Service Contract Act wage determination, or a higher state, local, or contract rate, can require more. Ask WHD to identify the governing requirement instead of selecting a rate from a general chart.
Determine which facts control your wage
Before contacting WHD, organize the facts that distinguish one wage regime from another. You do not have to make a final legal determination yourself; the goal is to give the agency enough information to route the complaint correctly.
Contract and project
- Write down the federal agency, project name or contract number if shown on notices, and the physical location where you worked.
- Record the prime contractor and every subcontractor in your employment chain. A subcontractor’s payroll does not necessarily remove the work from a federal wage requirement.
- Note whether the project involved construction, repairs, installation, janitorial or other services, manufacturing, or another purchase.
- If you know them, record the contract award date and any renewal, option, or extension dates. Those dates are especially important for EO 13658 and for identifying the wage determination in force.
Your work and pay
- Describe the tasks you actually performed, not only your job title. Classification can affect the wage determination.
- List each worksite and the dates you worked there. A project can have different requirements by location or classification.
- Record whether you received tips and how the employer treated them. Tipped and non-tipped rates under EO 13658 are different.
- Calculate the hours you worked and the amount actually paid for each pay period, including deductions, withheld time, or unpaid travel and preparation time that you believe was work-related.
Preserve evidence before it disappears
Keep copies in a personal account or device if doing so is safe and lawful under your employer’s policies. Do not alter originals. A simple timeline that pairs each shift with the project, location, hours, pay received, and any deduction can make a complicated complaint understandable.
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- Pay stubs, direct-deposit records, payroll portals, and year-end wage statements.
- Personal calendars, schedules, time-clock screenshots, text messages, emails, and supervisor instructions showing when and where you worked.
- Job descriptions, onboarding papers, posters, notices, or contract documents that state a wage rate or classification.
- Messages about deductions, missing hours, tips, reclassification, or requests to work off the clock.
- The names and contact information of coworkers who observed the same work or pay practice, if they consent to being identified.
- Any notice that identifies the federal agency, project, prime contractor, subcontractor, wage determination, or contract number.
DOL says WHD investigators interview employees privately and review employer records. Your own records help the investigator compare the hours and duties you describe with the payroll and contract records the employer must produce.
Report the suspected underpayment to WHD
- Prepare a short factual summary. State your employer and subcontractor, the federal project, work locations, dates, duties, hours, rate paid, and why you believe a higher requirement applies. Separate what you know from what you suspect.
- Contact the Wage and Hour Division. Call 1-866-487-9243 or use the U.S. Department of Labor’s WHD complaint information page. Tell the intake staff that the work was performed for a federal contractor or subcontractor and ask which law and wage determination may cover it.
- Provide your records and availability. WHD may need pay documents, a work timeline, and contact information for people who can explain the project. Ask how to submit copies securely and keep a record of your submission.
- Report every worksite and employer involved. Include earlier projects or different subcontractors if the same practice affected them. Coverage can change with the contract, location, classification, or dates.
- Keep your case information current. Tell WHD if your phone, address, work status, or access to records changes. Respond to requests promptly and keep copies of communications.
WHD describes its normal process as private employee interviews, review of employer records, and a request for back wages when the investigation finds money is owed. The agency has offices around the country. An intake call is a way to ask for the applicable rule; it is not a guarantee that a particular wage determination will apply.
Tell WHD about retaliation immediately
Include retaliation in the same report if you were threatened, disciplined, had your hours reduced, lost a shift, or were fired after asking about wages, keeping records, or contacting an agency. Contractor wage laws can prohibit adverse action for protected activity, but the protection and remedy depend on the law covering your work.
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For an EO 13658 matter, DOL describes possible remedies that can include employment, reinstatement, promotion, and lost wages. Explain the timing: identify when you raised the wage issue, who responded, what action followed, and any witnesses or messages. Do not wait for the wage-underpayment portion of a complaint to be resolved before reporting a retaliatory act.
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If WHD determines that a covered requirement was violated, an investigator requests payment of the back wages owed. The amount depends on the applicable wage determination, the worker’s classification, hours, tips and credits where legally relevant, deductions, and the dates covered. Keep your own calculation as a comparison, but let WHD establish the legally required rate and amount.
DOL’s EO 13658 materials also describe procedures that can include withholding federal contract payments to cover wages, followed by an administrative hearing and appeal process. Those descriptions are specific to the EO 13658 framework. They should not be attributed to EO 14026, which DOL says it no longer enforces after the March 14, 2025 revocation.
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Common mistakes that weaken a complaint
Using the wrong “federal minimum” figure
Quoting the former EO 14026 rate, or treating the EO 13658 figures as universal, can send a complaint down the wrong path. Give WHD the contract dates and work details so it can identify the applicable rule.
Comparing only with the national minimum wage
A federal project can carry a prevailing wage or another contractual requirement that is higher than a general wage floor. Compare your pay with the wage determination for your classification and location, not only with a nationwide baseline.
Ignoring the subcontractor relationship
Workers often see only the subcontractor’s name on a paycheck. Record both the subcontractor and the prime contractor, plus the federal agency or project. That information helps WHD trace the contract clause and payroll records.
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Waiting until records are gone
Schedules, portal access, messages, and coworkers’ contact details can become unavailable after a job ends. Preserve what you can while you still have access, and write a dated account of events from memory if documents are missing.
Leaving out tips, deductions, or job changes
State whether you were tipped, describe deductions, and note changes in duties or worksite. Those details can change the applicable classification or calculation.
When to seek individual legal help
WHD is a practical first contact, but an individual employment lawyer or legal-aid organization may be useful when the amount is substantial, several laws overlap, immigration or disability issues are involved, records have been altered, or retaliation is ongoing. Bring the same timeline and documents to that consultation. Do not assume a private legal claim has the same deadline or remedies as a WHD complaint; ask about deadlines that apply to your facts.
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- Employer, subcontractor, prime contractor, and federal agency names.
- Project location, contract number or project name, and dates worked.
- Actual duties, job classification if known, and whether the work was construction or a service.
- Contract award, renewal, or extension dates if available.
- Hours worked, rate paid, tips, deductions, and the amount you believe is missing.
- Pay stubs, schedules, time records, messages, wage notices, and witness names.
- Any threat, discipline, lost hours, or termination after you raised the issue.
- A request for WHD to identify the governing law and wage determination.
The central question is not simply whether a company calls itself a federal contractor. It is whether your particular work was covered by a federal or contract wage requirement, what rate that requirement set for your classification and location, and whether the employer paid it. WHD can help make that determination and pursue back wages when the evidence supports a violation.
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