DUKE BRADFORD; ARKANSAS VALLEY ADVENTURES, LLC, AKA AVA Rafting and Zipline; COLORADO RIVER OUTFITTERS ASSOCIATION, Plaintiffs - Appellants, v. U.S. DEPARTMENT OF LABOR; U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION; JOSEPH R. BIDEN, President of the United States; JULIE A. SU,*
U.S. Secretary of Labor; JESSICA LOOMAN, Acting Administrator, Defendants - Appellees.ECONOMIC POLICY INSTITUTE; NATIONAL EMPLOYMENT LAW PROJECT; NATIONAL ABILITY CENTER; NATIONAL WOMEN'S LAW CENTER; STATE OF ARIZONA; SERVICE EMPLOYEES INTERNATIONAL UNION; STATE OF ALABAMA; STATE OF ARKANSAS; STATE OF GEORGIA; STATE OF IDAHO; STATE OF INDIANA; STATE OF LOUISIANA; STATE OF MISSISSIPPI; STATE OF MISSOURI; STATE OF MONTANA; STATE OF NEBRASKA; STATE OF OKLAHOMA; STATE OF SOUTH CAROLINA; PUBLIC CITIZEN; SAFARI CLUB INTERNATIONAL; COMMUNICATIONS WORKERS OF AMERICA; STATE OF ILLINOIS; STATE OF CALIFORNIA; STATE OF CONNECTICUT; STATE OF DELAWARE; DISTRICT OF COLUMBIA; STATE OF MAINE; STATE OF MARYLAND; STATE OF MASSACHUSETTS; STATE OF MICHIGAN; STATE OF MINNESOTA; STATE OF NEVADA; STATE OF NEW JERSEY; STATE OF NEW MEXICO; STATE OF NEW YORK; STATE OF NORTH CAROLINA; STATE OF OREGON; STATE OF PENNSYLVANIA; STATE OF RHODE ISLAND; STATE OF VERMONT; STATE OF WASHINGTON, Amici Curiae., 101 F.4th 707
Summary
HOLDINGS: [1]-The district court correctly denied appellants' motion for a preliminary injunction because appellants had not shown a likelihood of success on the merits that the Department of Labor's (DOL) rule requiring federal contractors to pay their employees a $15.00 minimum hourly wage was issued without statutory authority. More specifically, the district court did not err in concluding that the Federal Property and Administrative Services Act likely authorized the minimum wage rule because the DOL's rule permissibly regulated the supply of nonpersonal services and advanced the statutory objectives of economy and efficiency.