Minimum Wage Laws in the States

Click on any state or jurisdiction to find out about applicable minimum wage laws.
 
Note: Where Federal and state law have different minimum wage rates, the higher standard applies.

	States with minimum wage rates higher than the Federal		States with no minimum wage law
	States with minimum wage rates the same as the Federal		States with minimum wage rates lower than the Federal
	American Samoa has special minimum wage rates

Minimum Wage and Overtime Premium Pay Standards Applicable to
Nonsupervisory NONFARM Private Sector Employment
Under State and Federal Laws
January 1, 2004 ¹

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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.

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AMERICAN SAMOA

American Samoa has special minimum wage rates.

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

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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.

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

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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.

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

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

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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.

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

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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.

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

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

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

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

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.

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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.

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Under the state minimum wage law, premium pay is required after 48 hours in bowling alleys and for residential employees of institutions (other than a hospital) primarily engaged in the care of the sick, aged, or mentally ill.

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

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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.

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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.

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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.

The Missouri 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.

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The Montana state minimum wage law does not contain current dollar minimums. Instead the state adopts the Federal minimum wage rate by reference via administrative action.

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.

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By mutual employer/employee agreement, a scheduled 10 hour day for 4 days a week may be worked without premium pay after 8 hours.

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 Nevada state minimum wage law does not contain current dollar minimums. Instead the state adopts the Federal minimum wage rate by reference via administrative action.

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

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

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

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

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

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

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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.

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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.

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

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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.

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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.

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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.

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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.

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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.

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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.

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In practice, the Virgin Islands adopts the Federal $5.15 per hour rate.

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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.

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

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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.

This document was last revised in December, 2003; unless otherwise stated, the information reflects requirements that were in effect, or would take effect, as of January 1, 2004.