Dems' Rejoicing Over the Supreme Court Ruling on Trump's Tariffs Got Wrecked...by CNN?
'Out of Nowhere' Canadians Are Now Poorer Than Alabamians. The Reactions Have Been...
Student ‘ICE Out’ Protests Go Viral Across US – Now Schools are Taking...
Here's Why the US Is Losing Farms at an Alarming Rate
This State Is Getting Closer to Eliminating Property Taxes
‘Privileged, White, and Well-Off’? Canada’s MAiD Program Just Got Even More Disturbing
Feds Indict Six More in Venezuelan Gang's High-Tech ATM Heist – Total Hits...
Michigan Auto Dealer Management Firm Pays $1.5M to Settle PPP Fraud Claims
Here's How Mamdani's Snow Shoveling Program Is Reveals the Leftist Lie on Voter...
Toxic Chemical Poured on Trump-Kennedy Center Ice Rink, Performance Canceled
Lawmakers Probe Potomac River Sewage Spill
Ukrainian Man Ran 'Upworksell.com' to Sell Stolen Identities for Overseas IT Workers, Cour...
The DOJ Has Canned the Most Liberal Immigration Judge in America
Fake Immigration Law Firm Busted in Brooklyn Federal Indictment
It's True: Gavin Newsom's California Government Has Paid Protestors Over $100 Million
Tipsheet

Legal Cloud Hangs Over President Obama's Illegal Minimum Wage Hike

Legal Cloud Hangs Over President Obama's Illegal Minimum Wage Hike

President Obama will announce tonight that he is signing an Executive Order mandating a new $10.10 minimum wage for all future federal contract workers. But it is not at all clear that he has the legal authority to do so.

Advertisement

"My understanding is that they are using the president's authority under the Federal Property and Administrative Services Act of 1949," George Washington Law School's Associate Dean for Government Procurement Law Studies Dan Gordon told Townhall. "And that calls for measures which ensure 'economy and efficiency' of the procurement process. And I am not sure whether this blanket increase in the wages paid by contractors can be fit within that legal framework."

"Now it is certainly true that if you had a particular contract," Gordon explained, "let's suppose you were running a call center for the IRS in Topeka, Kansas, and you had a history of contractors at that call center who were paying their people the legal minimum and the result was significant staff turnover which was causing disruption, then you clearly could say, 'You know what, in the next procurement we're going to require that the contractor pay higher wages because higher wages are necessary to avoid disruption cause by turnover.' But as a blanket matter I think that there is a legal cloud over whether raising the amount that contractors pay serves 'economy and efficiency.'"

Advertisement

Without establishing a factual record that an increased minimum wage is necessary to ensure the "economy and efficiency" of government procurement, Obama's unilateral move to do so stands on shaky legal ground.

But it is not at all certain that anybody would sue to stop the hike. A federal contractor who could prove they had been put at a competitive disadvantage, as compared to other potential contractors, by Obama's unilateral wage hike, could show they were economically harmed enough to establish standing and sue in federal court. But considering how few workers will get raises, just 250,000 according to the Economic Policy Institute, it's possible no one would challenge Obama.

Whether or not Obama's unilateral minimum wage hike is ever challenged in court, it is just the latest example of Obama's long-track record of ignoring Congress and the Constitution and instead governing without legal authority.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos