Guide To Minimum Wage Rates (And Laws) By State

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Minimum Wage Rates for 2026 Listed by State

Fair labor laws across America mandates the minimum wage for work by covered and non-exempt employees.

State laws supplement the federal minimum wage for covered employees currently set at $7.25 per hour which is found in the Fair Labor Standards Act (FLSA).

Employees are entitled to the higher of the two minimum earning rates when both State & Federal hourly rates apply.

The list below is of minimum wage rates for each state effective as of 2026.

In States which do not regulate a minimum wage the Federal minimum rate is used.

Employers are required to pay workers the mandated rates for hourly work.

Workplace regulations include several exemptions, coverage rules, and rate adjustments, reviewed below.



State Effective Wage
Alabama $7.25 (Federal Minimum Wage, no state minimum)
Alaska $10.85 (Annual indexing has begun)
Arizona $13.85
Arkansas $11
California $15.50
Colorado $13.65
Connecticut $14
Deleware $11.75 (effective 8/1/23)
District of Columbia (DC) $16.50
Florida $11.00 Effective Sep 30, 2023 (Tipped & Non-Tipped Employees), Maximum Tip Credit $3.02, Minimum Cash Wage $7.98
Georgia $7.25 if not covered by Federal Regulations otherwise $7.25 (Federal Minimum Wage)
Hawaii $12.00
Idaho $7.25
Illinois $13
Indiana $7.25
Iowa $7.25
Kansas $7.25
Kentucky $7.25
Louisiana $7.25 (Federal Minimum Wage, no state stipulated minimum)
Maine $13.8  (11.00 to $12.00 in $1.00 annual Increases between 1/1/2019 to 1/1/2020) (Indexed annual increases began 1/1/2021)
Maryland $13.25
Massachusetts $15.00
Michigan $10.10
Minnesota $10.59
Mississippi $7.25 (Federal Minimum Wage, no state minimum)
Missouri $12.00
Montana $9.95 ($4.00 for businesses with gross annual sales of $110,000 or less) (Annual indexing has begun)
Nebraska $10.50
Nevada $0.50  Nevada’s minimum wage is set at $1.00 above the federal minimum wage for firms not providing health insurance.
New Hampshire $7.25
New Jersey $14.13 - Annual Indexing
New Mexico $12.00
New York $14.20 (Starting 1/1/2021, the rate will be adjusted annually for inflation to $15 an hour)
North Carolina $7.25
North Dakota $7.25
Ohio $10.10
Oklahoma $7.25
Oregon $13.50
Pennsylvania $7.25
Puerto Rico $8.50
Rhode Island $13.00
South Carolina $7.25 (Federal Minimum Wage, no state minimum)
South Dakota $10.80 - Annual Indexing
Tennessee $7.25 (Federal Minimum Wage, no state minimum)
Texas $7.25
Utah $7.25
Vermont $13.18 - Annual indexing began 1/1/2019
Virginia $12.00/hour
Washington $15.74/wagehour
West Virginia $8.75
Wisconsin $7.25
Wyoming $7.25 - $5.15 if federal regulations do not apply



Exemptions

These are the rules governing minimum pay rates for work, as they are subject to several of exceptions.

Covered Employees: According to the DOL, "All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA." However, even if your employer doesn't meet FLSA requirements, you still may be covered. Tipped employee coverage generally requires the minimum hourly wage combined with tips to meet the minimums of the provision.

Exempt Employees: A number of "white collar" employees are considered exempt from minimum wage laws - though it's the duties you perform not your job title which determines whether or not you are exempt. Exemptions for employees, farm workers, or public sector employees, as defined by both federal and state laws apply. The duties test may apply when determining exemptions and coverage by job.

Enforcement is the responsibility of the U.S. Dept. of Labor's Wage and Hour Division (WHD). Workers who believe they are owed wages following illegal underpayment have a right to file a claim. Though not required to file a complaint, lawyers for employees can help you with a wage and hour claim if your pay situation did, in fact, violate the laws.

Know your rights! But get qualified legal representation if you face a legal problem of your own.



How to Calculate Overtime Pay

Here's how you calculate your overtime pay.

First, determine the "regular rate" is determined by taking the total amount you were paid for the week and dividing that by the actual number of hours worked. To calculate your regular rate:


Presented as an equation it might look like:
((Straight Time Pay) / (Total Hours Worked) = Regular Rate


Your "Straight time pay" refers to the amount you earned before the additional overtime time-and-a-half pay. The "hours worked" includes all time the employee was required to be on the employer's premises or any other prescribed workplace.


Presented as an equation it might look like:
((Regular Rate) x (.5 Multiplier) x (Overtime Hours Worked)) + Straight Time Pay = Total Pay Including Overtime


To calculate the overtime pay you multiply the regular rate x 0.5 for hours worked over 40. Covered non-exempt employees are entitled to time-and-a-half for all hours worked over 40 hours in their fixed and regularly recurring period 168 workweek or seven consecutive 24-hour periods.

State vs Federal Minimum Wage

State vs. Federal Requirements: Employers are required to pay whichever rate is of the greatest benefit to the worker. State minimum wage laws cannot exempt employers from Federal coverage requirements. When in doubt about the wage laws specific to your State, seek qualified legal counsel. Minimum wage pay requirements do NOT apply to exempt employees, farm workers, or public sector employees, as defined by BOTH federal and state laws.

Intended as a safeguard for laborers and workers, the 1938's Fair Labor Standards Act began the practice of establishing a set minimum base standard pay rate to protect the well-being and health of workers. People working for employers on an hourly basis, determined to be covered employees, have a right to the minimum earning rate established by the provision. In situations where State laws exist, they higher pay rate applies.

The Department of Labor's Wage and Hour Division is empowered to investigate alleged violations of the wage laws can compel employer records be provided and force witness participation in an effort to enforce the provisions. Victims have the option of filing suit for civil damages in some situations, and criminal and monetary fines are a possibility for employers who willfully violated the statutes. Depending on the circumstances, civil claims seeking to recover unpaid wages may be able to recover attorney's fees, liquidated damages in the amount of unpaid wages and wages owed under the FLSA.

When employers fail to pay workers what they are legally entitled, knowing or unknowingly, it amounts to wage theft.

map of wage minimums by state

Wage Theft: Getting Paid What You Are Legally Entitled

Recently reported statistics from the Department of Labor show in 2008 there was a total of $140.2 million paid out to over 197,000 employees as the result of employer FLSA violations (DOL). Some of the hour and wage violations reported include:


  • Requiring employees to work off the clock
  • Calculating hours as an average over two work weeks
  • Claiming that the employee is not eligible for overtime pay because they did not obtain permission to work the extra hours
  • Failing to pay workers for meetings, training sessions, on call time, take home work, and breaks lasting between 5 and 20 minutes
  • Misclassification of employees as exempt from overtime
  • Paying "comp" time instead of overtime

Employer wage theft is a massive problem across the United States accounting for millions of dollars in entitled earnings annually.

In some cases, employers are simply ignorant of required compensation obligations to those in their employ. Others are taking willful action to avoid paying employees what they are owed. When they illegally avoid paying what people are entitled for their work it constitutes wage theft - they are knowingly or unknowingly stealing from their workers.

When an worker punches out after a full day of work, puts in the long hours required at their work - they have a reasonable expectation to their paycheck.

Minimum Wage Frequently Asked Questions

Q: Do states have to follow the federal minimum wage?

A:    Yes. When exmployers fail to pay the minimum rate mandated by law to their employees it is a violation of the law.

Q: Is it illegal to pay below the minimum wage?

A:    Covered and non-exempt employees are required to be compensated the minimum hourly rate of pay stipulated by law.

Q: >What states do not have a minimum wage law?

A:    Currently the States of Louisiana, Mississippi, Alabama, Tennessee and South Carolina do not have a set minimum wage - in such cases the Federal rate applies for covered workers.

Q: How do I calculate my overtime rate?

A:    To calculate your overtime, you should take your regular rate of pay and multiply it by (1.5). If you are on salary or work in a business where you work roles with different rates of pay, you may not know your regular rate of pay.

To calculate your regular rate of pay, divide the total pay for employment in any workweek by the total number of hours actually worked. This is the rate your employer owes you. [3]



Q: Do small business owners have to pay minimum wage?

A:    Yes, non-exempt employees working hourly are entitled to the minimum rate. Generally tipped workers have a different minimum set rate than straight hourly employees, however.

Q: Can I Sue My Employer for Paying Less Than Minimum Wage?

A:    If, you were covered and non-exempt, and your employer failed to pay the lawfully mandated hourly rate for your hours worked - you have a right to file a complaint and seek recovery for unpaid wages.

Q: Do I have to be paid for being on call?

A:    If the worker is required to remain on the workplace premises while on-call and the time can't be spent for the employees own purpose the time is generally required to be compensated according to Federal employment law (FLSA).

Q: Are employers required to pay for training?

A:    According to the Dept. of Labor, training time is considered work time and entitled to pay, unless all the following criteria are met: • attendance is outside of normal working hours • attendance is truly voluntary • the training session is not directly related to the job • no productive work is completed while attending.

Q: How many days in a row can you work without a day off?

A:    Where safety concerns are at play, industries may have hours of service restrictions (most notably commercial truck drivers). In some states (California) employees are entitled to one day for rest in 7 and cannot be required to work more than six days in seven. Hours worked in excess of overtime regulations may require time and a half compensation for hours worked in excess of the limit - over 200 exemptions apply however. There is no federal limit limiting the number of days in a row workers can work without a day off.

Q: How long are you legally allowed to work in a day?

A:    Overtime pay is required for employees who work more than 40 hours per week, or more than 8 hours in a day. Specific exemptions from overtime pay requirements are available on the Department of Labor website, and State overtime laws should be referred as well. There are no employee rights to maximum hours of work generally in federal law though your State may have restrictions.

Q: Do federal labor laws supersede state labor laws?

A:    State labor laws supplement federal laws, the rule providing greatest benefit to the employee applies when trying to determine which rules apply.

Employment Lawyer Help for Claims

If you are concerned your employer is not paying you the overtime wages you are entitled, or they are paying you the minimum wage rates mandated by law, you should consult with a wage and hour attorney.

The FLSA law can be challenging, an employment lawyer can help you determine your rights. Seek representation from a qualified labor attorney today.

 

 

 

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