Congress and the President stopped legislating for the states over a hundred years ago.
Listed as the President’s authority is Title 40 U.S.C section 101, which is a District of Columbia Code
Section (c) of the E.O.Service Contract Act, 41 U.S.C. 6701 et seq.; and the Davis-Bacon Act, 40 U.S.C. 3141 et seq., is limited to Public Lands.
ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS
1. By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote economy and efficiency in procurement by contracting with sources who adequately compensate their workers, it is hereby ordered as follows:
Black's Law Dictionary, 6th edition, as follows:
Inclusio unius est exclusio alterius. The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others ... This doctrine decrees that where law expressly describes [a] particular situation to which it shall apply, an irrefutable inference must be drawn that what is omitted or excluded was intended to be omitted or excluded.
Title 40 USC is for the District of Columbia, and Public Lands on the Outer Continental Shelf Land.
Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
CHAPTER 1 - PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF COLUMBIA
Sec. 101 - Laws of District extended to public buildings and grounds
http://law.justia.com/codes/us/1997/title40/chap1/sec101
§101. Laws of District extended to public buildings and grounds
The provisions of the several laws and regulations within the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the United States within the District of Columbia.
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E.O. section (c)
2. (c) Any regulations issued pursuant to this section should, to the extent practicable and consistent with section 8 of this order, incorporate existing definitions, procedures, remedies, and enforcement processes under the Fair Labor Standards Act, 29 U.S.C. 201 et seq.; the Service Contract Act, 41 U.S.C. 6701 et seq.; and the Davis-Bacon Act, 40 U.S.C. 3141 et seq.
Sec. 5. Enforcement. (a) The Secretary shall have the authority for investigating potential violations of and obtaining compliance with this order.
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The Authority of the Secretary of Labor is limited to Public Lands
Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) is limited to Public Lands
41 U.S. CODE § 6701 – DEFINITIONS
http://www.law.cornell.edu/uscode/text/41/6701
References in Text
The Outer Continental Shelf Lands Act, referred to in par. (4)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1331 of Title 43 and Tables
33 U.S.C. § 902 : US Code - Section 902: Definitions - See more at:
http://codes.lp.findlaw.com/uscode/33/18/902#sthash.q67xx7qi.dpuf
(3) The term "employee" means any person engaged in maritime employment, including any longshoreman or other person engaged in long-shoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker…….
(4) The term "employer" means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel). (5) The term "carrier" means any person or fund authorized under section 932 of this title to insure under this chapter and includes self-insurers. (6) The term "Secretary" means the Secretary of Labor. (7) The term "deputy commissioner" means the deputy commissioner having jurisdiction in respect of an injury or death. (8) The term "State" includes a *Territory and the *District of Columbia.
Code of Federal Regulations, Title 43, Public Lands: Interior, Pt. ...
Office of the Federal Register - 2010
Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) — When required by Federal ... minimum wages specified in a wage determination made by the Secretary of Labor. ... and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) ...