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  • 10th Circuit Partly Stays Biden's Federal Minimum Wage Order Feb. 17 2022

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    Matthew Vadum
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    On February 17, 2022, a panel of the U.S. Court of Appeals partly stayed President Biden’s order that federal contractors be paid a minimum wage of $15 an hour. The ruling came in Bradford v. U.S. Department of Labor, court file 1:21-CV-3283 in U.S. District Court for the District of Colorado.

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    10th Circuit partly stays Biden’s federal minimum wage order Feb. 17 2022

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    On February 17, 2022, a panel of the U.S. Court of Appeals partly stayed President Biden’s order that federal contractors be paid a minimum wage of $15 an hour. The ruling came in Bradford v. U.S. Department of Labor, court file 1:21-CV-3283 in U.S. District Court for the District of Colorado.

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    199 views2 pages

    10th Circuit Partly Stays Biden's Federal Minimum Wage Order Feb. 17 2022

    Uploaded by

    Matthew Vadum
    On February 17, 2022, a panel of the U.S. Court of Appeals partly stayed President Biden’s order that federal contractors be paid a minimum wage of $15 an hour. The ruling came in Bradford v. U.S. Department of Labor, court file 1:21-CV-3283 in U.S. District Court for the District of Colorado.

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    of 2

    Case 1:21-cv-03283-PAB-STV Document 44 Filed 02/17/22 USDC Colorado Page 1 of 2

    Appellate Case: 22-1023 Date Filed: 02/17/2022 FILED


    Document: 010110646538 Page: 1
    United States Court of Appeals
    UNITED STATES COURT OF APPEALS Tenth Circuit

    FOR THE TENTH CIRCUIT February 17, 2022


    _________________________________
    Christopher M. Wolpert
    Clerk of Court
    DUKE BRADFORD, et al.,

    Plaintiffs - Appellants,

    v. No. 22-1023
    (D.C. No. 1:21-CV-03283-PAB-STV)
    U.S. DEPARTMENT OF LABOR, et al., (D. Colo.)

    Defendants - Appellees.

    ------------------------------

    ECONOMIC POLICY INSTITUTE, et al.,

    Amici Curiae.
    _________________________________

    ORDER
    _________________________________

    Before PHILLIPS and KELLY, Circuit Judges.


    _________________________________

    Plaintiffs move for an injunction pending appeal to suspend the effect of the

    government’s recent rule requiring federal contractors to pay a minimum wage of

    $15.00/hour and ending an exemption for parties, like plaintiffs, whose relationship with

    the federal government comes by way of special-use permits to provide outfitting

    services on federal lands (“Minimum Wage Order”). See generally Increasing the

    Minimum Wage for Federal Contractors, 86 Fed. Reg. 67,126 (Nov. 24, 2021).

    We “may issue all necessary and appropriate process to postpone the effective date

    of an agency action or to preserve status or rights pending conclusion of the review

    proceedings.” 5 U.S.C. § 705. We evaluate a motion for an injunction pending appeal


    Case 1:21-cv-03283-PAB-STV Document 44 Filed 02/17/22 USDC Colorado Page 2 of 2
    Appellate Case: 22-1023 Document: 010110646538 Date Filed: 02/17/2022 Page: 2

    using the preliminary injunction standard. See Warner v. Gross, 776 F.3d 721, 728

    (10th Cir. 2015). Thus, a plaintiff “must establish that he is likely to succeed on the

    merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that

    the balance of equities tips in his favor, and that an injunction is in the public interest.”

    Winter v. NRDC, 555 U.S. 7, 20 (2008). “As a preliminary injunction is an extraordinary

    remedy, the right to relief must be clear and unequivocal.” Schrier v. Univ. of Colo.,

    427 F.3d 1253, 1258 (10th Cir. 2005) (internal quotation marks omitted).

    Plaintiffs have demonstrated an entitlement to relief from the Minimum Wage

    Order in their particular circumstances. Accordingly, applying the Minimum Wage

    Order’s severance clause, 29 C.F.R. § 23.80, we enjoin the government from enforcing

    the Minimum Wage Order in the context of 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. This

    injunction shall remain in force until further order of this court.

    We deny plaintiffs’ alternative request for expedited merits consideration as moot.

    We grant the motion filed by the National Employment Law Project, the

    Communications Workers of America, the Service Employees International Union, the

    National Women’s Law Center, and the Economic Policy Institute to submit an amicus

    brief in support of the government.

    Entered for the Court

    CHRISTOPHER M. WOLPERT, Clerk

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