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Minimum Wage Laws in the United States

Note: Where Federal and state law have different minimum wage rates, the higher standard applies.

Minimum Wage and Overtime Premium Pay Standards Applicable to Nonsupervisory NONFARM Private Sector Employment Under State and Federal Laws January 1, 2008 1

Alabama

No state minimum wage laws.


Alaska

Basic Minimum Rate (per hour)
$7.15
Premium Pay After Designated Hours 2
Daily: 8
Weekly: 40

Under a voluntary flexible work hour plan approved by the Alaska Department of Labor, a 10 hour day, 40 hour workweek may be instituted with premium pay after 10 hours a day instead of after 8 hours.

The premium overtime pay requirement on either a daily or weekly basis is not applicable to employers of fewer than 4 employees.


American Samoa

American Samoa has special minimum wage rates.


Arizona

Basic Minimum Rate (per hour)
$6.90

Rate is increased annually based upon a cost of living formula.


Arkansas

Basic Minimum Rate (per hour)
$6.25
Premium Pay After Designated Hours 2
Weekly: 40

Applicable to employers of 4 or more employees


California

Basic Minimum Rate (per hour)
$8.00
Premium Pay After Designated Hours 2
Daily: 8; Over 12 (double time)
Weekly: 40; 7th day: First 8 hours (time and half); Over 8 hours (double time)

Overtime is due after 8 hours per day or 40 hours per week unless an alternative workweek of no more than 4 days of 10 hours was established prior to 7/1/99.

Premium pay on 7th day not required for employee whose total weekly work hours do not exceed 30 and whose total hours in any one work day thereof do not exceed 6, in specific wage and hour orders.


Colorado

Basic Minimum Rate (per hour)
$7.02
Premium Pay After Designated Hours 2
Daily: 12
Weekly: 40

Minimum wage rate and overtime provisions applicable to retail and service, commercial support service, food and beverage, and health and medical industries.


Connecticut

Basic Minimum Rate (per hour)
$7.65
Premium Pay After Designated Hours 2
Weekly: 40

In restaurants and hotel restaurants, for the 7th consecutive day of work, premium pay is required at time and one half the minimum rate.

The Connecticut minimum wage rate automatically increases to 1/2 of 1 percent above the rate set in the Fair Labor Standards Act if the Federal minimum wage rate equals or becomes higher than the State minimum.


Delaware

Basic Minimum Rate (per hour)
$7.15

The Delaware minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum.


Disctrict of Columbia

Basic Minimum Rate (per hour)
$7.00
Premium Pay After Designated Hours 2
Weekly: 40

In the District of Columbia, the rate is automatically set at $1 above the Federal minimum wage rate if the District of Columbia rate is lower.


Florida

Basic Minimum Rate (per hour)
$6.79

Georgia

Basic Minimum Rate (per hour)
$5.15

Applicable to employers of 6 or more employees

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act when the Federal rate is greater than the State rate.


Guam

Basic Minimum Rate (per hour)
$5.85
Premium Pay After Designated Hours 2
Weekly: 40

Hawaii

Basic Minimum Rate (per hour)
$7.25
Premium Pay After Designated Hours 2
Weekly: 40

An employee earning a guaranteed monthly compensation of $2,000 or more is exempt from the State minimum wage and overtime law.

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act unless the State wage rate is higher than the Federal.


Idaho

Basic Minimum Rate (per hour)
$5.85

Illinois

Basic Minimum Rate (per hour)
$7.50
Premium Pay After Designated Hours 2
Weekly: 40

Applicable to employers of 4 or more employees, excluding family members


Indiana

Basic Minimum Rate (per hour)
$5.85
Premium Pay After Designated Hours 2
Weekly: 40

Applicable to employers of 2 or more employees

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.


Iowa

Basic Minimum Rate (per hour)
$7.25

The Iowa minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum.


Kansas

Basic Minimum Rate (per hour)
$2.65
Premium Pay After Designated Hours 2
Weekly: 46

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.


Kentucky

Basic Minimum Rate (per hour)
$5.85
Premium Pay After Designated Hours 2
Weekly: 40; 7th day

The 7th day overtime law, which is separate from the minimum wage law differs in coverage from that in the minimum wage law and requires premium pay on the seventh day for those employees who work seven days in any one workweek.

The state adopts the Federal minimum wage rate by reference if the Federal rate is greater than the State rate.

Compensating time in lieu of overtime is allowed upon written request by an employee of any county, charter county, consolidated local government, or urban-county government, including an employee of a county-elected official.


Louisiana

There is no state minimum wage law.


Maine

Basic Minimum Rate (per hour)
$7.00
Premium Pay After Designated Hours 2
Weekly: 40

The Maine minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum with the exception that any such increase is limited to no more than $1.00 per hour above the current legislated State rate.


Maryland

Basic Minimum Rate (per hour)
$6.15
Premium Pay After Designated Hours 2
Weekly: 40

The Maryland minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum wage rate.


Massachusetts

Basic Minimum Rate (per hour)
$8.00
Premium Pay After Designated Hours 2
Weekly: 40

The Massachusetts minimum wage rate automatically increases to 10 cents above the rate set in the Fair Labor Standards Act if the Federal minimum wage equals or becomes higher than the State minimum.


Michigan

Basic Minimum Rate (per hour)
$7.15
Premium Pay After Designated Hours 2
Weekly: 40

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act unless the State wage rate is higher than the Federal.


Minnesota

For large employer (enterprise with annual receipts of $625,000 or more):

Basic Minimum Rate (per hour)
$6.15
Premium Pay After Designated Hours 2
Weekly: 48

For small employer (enterprise with annual receipts of less than $625,000):

Basic Minimum Rate (per hour)
$5.25
Premium Pay After Designated Hours 2
Weekly: 48

Mississippi

No state minimum wage law.


Missouri

Basic Minimum Rate (per hour)
$6.65
Premium Pay After Designated Hours 2
Weekly: 40

In addition to the exemption for federally covered employment, the law exempts, among others, employees of a retail or service business with gross annual sales or business done of less than $500,000.

Premium pay required after 52 hours in seasonal amusement or recreation businesses.

Minimum wage is to be increased or decreased by a cost of living factor starting January 1, 2008 and every January 1 thereafter.


Montana

Basic Minimum Rate (per hour)
$6.25
Premium Pay After Designated Hours 2
Weekly: 40

Minimum wage is subject to a cost of living adjustment done by September 30 of each year and effective on January 1 of the following year.


Nebraska

Basic Minimum Rate (per hour)
$5.85

Applicable to employers of 4 or more employees


Nevada

Basic Minimum Rate (per hour)
$6.33
Premium Pay After Designated Hours 2
Daily: 8
Weekly: 40

The premium overtime pay requirement on either a daily or weekly basis is not applicable to employees who are compensated at not less than one and one-half times the minimum rate or to employees of enterprises having a gross annual sales volume of less than $250,000.

The basic hourly rate may remain at $5.30 when the employer offers the employee a qualified health plan.


New Hampshire

Basic Minimum Rate (per hour)
$6.50
Premium Pay After Designated Hours 2
Weekly: 40

The New Hampshire minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum.


New Jersey

Basic Minimum Rate (per hour)
$7.15
Premium Pay After Designated Hours 2
Weekly: 40

New Mexico

Basic Minimum Rate (per hour)
$6.50
Premium Pay After Designated Hours 2
Weekly: 40

New York

Basic Minimum Rate (per hour)
$7.15
Premium Pay After Designated Hours 2
Weekly: 40

The New York minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum.


North Carolina

Basic Minimum Rate (per hour)
$6.15
Premium Pay After Designated Hours 2
Weekly: 40

Premium pay is required after 45 hours a week in seasonal amusements or recreational establishments.


North Dakota

Basic Minimum Rate (per hour)
$5.85
Premium Pay After Designated Hours 2
Weekly: 40

Ohio

Basic Minimum Rate (per hour)
$7.00
Premium Pay After Designated Hours 2
Weekly: 40

Oklahoma

Basic Minimum Rate (per hour)
$5.85

Employers of ten or more full time employees at any one location and employers with annual gross sales over $100,000 irrespective of number of full time employees.

The Oklahoma state minimum wage law does not contain current dollar minimums. Instead the state adopts the Federal minimum wage rate by reference.

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.


Oregon

Basic Minimum Rate (per hour)
$7.95
Premium Pay After Designated Hours 2
Weekly: 40

Premium pay required after 10 hours a day in nonfarm canneries, driers, or packing plants and in mills, factories or manufacturing establishments (excluding sawmills, planning mills, shingle mills, and logging camps).

Beginning January 1, 2004, and annually thereafter, the rate will be adjusted for inflation by a calculation using the U.S. City Average Consumer Price Index for All Urban Consumers for All Items. The wage amount established will be rounded to the nearest five cents.


Pennsylvania

Basic Minimum Rate (per hour)
$7.15
Premium Pay After Designated Hours 2
Weekly: 40

Puerto Rico

Basic Minimum Rate (per hour)
$4.10
Premium Pay After Designated Hours 2
Daily: 8; And on statutory rest day (double time)
Weekly: 40; (double time)

Employers covered by the Federal Fair Labor Standards Act (FLSA) are subject only to the Federal minimum wage and all applicable regulations. Employers not covered by the FLSA will be subject to a minimum wage that is at least 70 percent of the Federal minimum wage or the applicable mandatory decree rate, whichever is higher. The Secretary of Labor and Human Resources may authorize a rate based on a lower percentage for any employer who can show that implementation of the 70 percent rate would substantially curtail employment in that business.

Puerto Rico also has minimum wage rates that vary according to the industry. These rates range from a minimum of $4.25 to $7.25 per hour.


Rhode Island

Basic Minimum Rate (per hour)
$7.40
Premium Pay After Designated Hours 2
Weekly: 40

Time and one-half premium pay for work on Sundays and holidays in retail and certain other businesses is required under two laws that are separate from the minimum wage law.


South Carolina

No state minimum wage law.


South Dakota

Basic Minimum Rate (per hour)
$5.85

Tennessee

No state minimum wage law.


Texas

Basic Minimum Rate (per hour)
$5.85

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.

The Texas State minimum wage law does not contain current dollar minimums. Instead the State adopts the Federal minimum wage rate by reference.


Utah

Basic Minimum Rate (per hour)
$5.85

The Utah state minimum wage law does not contain current dollar minimums. Instead the state law authorizes the adoption of the Federal minimum wage rate via administrative action.

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.


Vermont

Basic Minimum Rate (per hour)
$7.68
Premium Pay After Designated Hours 2
Weekly: 40

Applicable to employers of two or more employees

The State overtime pay provision has very limited application because it exempts numerous types of establishments, such as retail and service; seasonal amusement/recreation; hotels, motels, restaurants; and transportation employees to whom the Federal (FLSA) overtime provision does not apply.

The Vermont minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum.

Beginning January 1, 2007, and on each subsequent January 1, the minimum wage rate shall be increased by five percent or the percentage increase of the Consumer Price Index, or city average, not seasonally adjusted.


Virginia

Basic Minimum Rate (per hour)
$5.85

Applicable to employers of 4 or more employees

The Virginia state minimum wage law does not contain current dollar minimums. Instead the state adopts the Federal minimum wage rate by reference.

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.


Virgin Islands

Basic Minimum Rate (per hour)
$6.15
Premium Pay After Designated Hours 2
Daily: 8
Weekly: 40; On 6th and 7th consecutive days.

Washington

Basic Minimum Rate (per hour)
$8.07
Premium Pay After Designated Hours 2
Weekly: 40

Premium pay not applicable to employees who request compensating time off in lieu of premium pay.

Beginning January 1, 2001, and annually thereafter, the rate will be adjusted for inflation by a calculation using the consumer price index for urban wage earners and clerical workers for the prior year.


West Virginia

Basic Minimum Rate (per hour)
$6.55
Premium Pay After Designated Hours 2
Weekly: 40

Applicable to employers of 6 or more employees at one location


Wisconsin

Basic Minimum Rate (per hour)
$6.50
Premium Pay After Designated Hours 2
Weekly: 40

Wyoming

Basic Minimum Rate (per hour)
$5.15

1 Like the Federal wage and hour law, State law often exempts particular occupations or industries from the minimum labor standard generally applied to covered employment. Particular exemptions are not identified in this table. Users are encouraged to consult the laws of particular States in determining whether the State's minimum wage applies to a particular employment. This information often may be found at the websites maintained by State labor departments. Links to these websites are available at www.dol.gov/esa/contacts/state_of.htm.

2 The overtime premium rate is one and one-half times the employee's regular rate, unless otherwise specified.