Minimum Wage by State 2026: All 50 States and DC
Independently fact-checked against primary sources (last audited September 30, 2026). · 6 primary sources cited on this page. How we verify our legal content
Minimum wage rates now range from the federal $7.25 an hour to $18.40 in the District of Columbia, and each state page linked below shows the rate, the tipped cash wage and what changes next. Every linked row comes from that state's page, verified between September 28 and September 30, 2026. A row without a link belongs to a state whose page is not yet published, and its rate comes from the source named in the row.
Information last verified on 2026-09-30. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This guide compares state minimum wage laws in all 50 states and the District of Columbia, plus the federal Fair Labor Standards Act (FLSA) floor. It covers rates, tipped cash wages and announced changes. It does not cover overtime rules in detail or the laws of other countries. For the federal rules, see the federal minimum wage guide.
Minimum wage by state in 2026
The table lists the general rate now in force, the cash wage an employer must pay a tipped worker before tips, and the next change with its status. "Announced" means an agency has published the figure, "scheduled by statute" means the law fixes it, and "not yet announced" means the agency had not published it when the state page was last verified. A city or county can set a higher rate than the state, so use the state page for local rules.
| State | Minimum wage now | Tipped cash wage | Next change |
|---|---|---|---|
| Alabama | $7.25 (federal; no state rate) | $2.13 (federal) | None scheduled; no state rate |
| Alaska | $14.00 (since July 1, 2026) | No tip credit; full rate | $15.00 on July 1, 2027 (scheduled by statute) |
| Arizona | $15.15 | $12.15 | $15.65 on January 1, 2027 (announced by the Industrial Commission of Arizona) |
| Arkansas | $11.00 (since January 1, 2021) | $2.63 | None scheduled (no inflation indexing) |
| California | $16.90 | No tip credit; full rate | $17.40 on January 1, 2027 (certified by the Director of Finance on July 31, 2026) |
| Colorado | $15.16 | $12.14 | $15.71 on January 1, 2027 (announced by CDLE on August 13, 2026) |
| Connecticut | $16.94 | $6.38 for hotel and restaurant service employees; $8.23 for bartenders | $17.48 on January 1, 2027 (announced August 2026) |
| Delaware | $15.00 | $2.23 | None scheduled |
| District of Columbia | $18.40 (since July 1, 2026) | $10.30 | July 1, 2027, indexed to inflation (amount not yet announced when last verified) |
| Florida | $15.00 (from September 30, 2026) | $11.98 | None scheduled for 2027; the rate stays $15.00 through December 31, 2027, then indexing begins (not yet announced) |
| Georgia | $7.25 (federal; state law says $5.15) | $2.13 (federal) | None scheduled |
| Hawaii | $16.00 | $14.75 | $18.00 on January 1, 2028 (scheduled by statute); no change in 2027 |
| Idaho | $7.25 | $3.35 | None scheduled; the state rate tracks the federal rate |
| Illinois | $15.00 | $9.00 | None scheduled statewide (Chicago and Cook County adjust each July 1) |
| Indiana | $7.25 | $2.13 (federal) | None scheduled; the state rate is the federal rate |
| Iowa | $7.25 | $4.35 | None scheduled |
| Kansas | $7.25 | $2.13 (federal) | None scheduled |
| Kentucky | $7.25 | $2.13 (federal) | None scheduled |
| Louisiana | $7.25 (federal; no state rate) | $2.13 (federal) | None scheduled; no state rate |
| Maine | $15.10 | $7.55 | $15.70 on January 1, 2027 (announced by the Maine Department of Labor on September 18, 2026) |
| Maryland | $15.00 (higher in three counties) | $3.63 | None scheduled statewide |
| Massachusetts | $15.00 | $6.75 | None scheduled |
| Michigan | $13.73 | $5.49 (40 percent of the general rate) | $15.00 on January 1, 2027 (scheduled by statute) |
| Minnesota | $11.41 | No tip credit; full rate | $11.87 on January 1, 2027 (announced by the Department of Labor and Industry on August 19, 2026) |
| Mississippi | $7.25 (federal; no state rate) | $2.13 (federal) | None scheduled; no state rate |
| Missouri | $15.00 | $7.50 (50 percent of the rate) | None scheduled |
| Montana | $10.85 ($4.00 for a narrow tier of small businesses outside the FLSA) | No tip credit; full rate | January 1, 2027, indexed to inflation (not yet announced when last verified) |
| Nebraska | $15.00 (per the U.S. Department of Labor's state table, July 1, 2026) | Not covered in this table | Not covered in this table |
| Nevada | $12.00 (since July 1, 2024) | $12.00 (no tip credit) | None scheduled (no inflation indexing) |
| New Hampshire | $7.25 (the state follows the federal rate) | 45 percent of the minimum wage | None scheduled; changes only if the federal rate changes |
| New Jersey | $15.92 | $6.05 | $16.48 on January 1, 2027 (announced by NJDOL) |
| New Mexico | $12.00 (Santa Fe $15.40) | $3.00 | No state step found; Santa Fe is scheduled for $17.50 and Albuquerque for $13.00 on January 1, 2027 |
| New York | $17.00 (New York City, Long Island, Westchester); $16.00 elsewhere | Food service workers $11.35 or $10.70 by region; service employees $14.15 or $13.30 | January 1, 2027, indexed to inflation (not yet announced when last verified) |
| North Carolina | $7.25 | $2.13 (federal) | None scheduled |
| North Dakota | $7.25 | $4.86 (33 percent tip credit) | None scheduled |
| Ohio | $11.00 | $5.50 | $11.40 on January 1, 2027 (shown on the Department of Commerce 2027 poster) |
| Oklahoma | $7.25 | $2.13 (federal) | None scheduled |
| Oregon | $15.55 standard; $16.80 Portland metro; $14.55 nonurban (since July 1, 2026) | No tip credit; full rate | July 1, 2027, indexed to inflation (not yet calculated when last verified) |
| Pennsylvania | $7.25 (the state rate matches the federal rate) | $2.83 | Follows the federal rate |
| Rhode Island | $16.00 | $3.89 minimum cash wage | $17.00 on January 1, 2027 (scheduled by statute) |
| South Carolina | $7.25 (federal; no state rate) | $2.13 (federal) | None scheduled; no state rate |
| South Dakota | $11.85 | $5.925 | January 1, 2027, indexed to inflation (not yet announced when last verified) |
| Tennessee | $7.25 (federal; no state rate) | $2.13 (federal) | None scheduled; no state rate |
| Texas | $7.25 | $2.13 (federal) | None scheduled |
| Utah | $7.25 | $2.13 (federal) | None scheduled |
| Vermont | $14.42 | $7.21 | January 1, 2027, indexed to inflation (not yet announced when last verified) |
| Virginia | $12.77 | $2.13 | $13.75 on January 1, 2027, then $15.00 on January 1, 2028 (both scheduled by statute) |
| Washington | $17.13 | No tip credit; full rate | January 1, 2027, indexed to inflation (not yet announced when last verified) |
| West Virginia | $8.75 | $2.62 | None scheduled |
| Wisconsin | $7.25 | $2.33 | None scheduled |
| Wyoming | $7.25 (federal; state law says $5.15) | $2.13 (federal) | None scheduled |
How federal and state minimum wages work together
The federal rate is $7.25 an hour and has been since July 24, 2009 (29 U.S.C. 206(a)(1)(C)). Under 29 U.S.C. 218(a), nothing in the FLSA excuses compliance with a state law or city ordinance that sets a higher minimum wage, so an employee covered by both laws is owed the higher rate. Our federal minimum wage guide covers coverage, exemptions and the youth rate.
The federal floor still matters in low-wage states. Some state acts exclude employers the FLSA covers, so the federal rate is what most workers there actually receive.
Which states are at $7.25 or have no state minimum wage law?
Five states have no state minimum wage law: Alabama, Louisiana, Mississippi, South Carolina and Tennessee. The U.S. Department of Labor's state table, updated July 1, 2026, lists no state rate for them, and covered employers owe $7.25.
Georgia and Wyoming have a state rate of $5.15, which is below the federal rate, so $7.25 governs covered workers. These states are at $7.25 under their own laws: Idaho, Indiana, Iowa, Kansas, Kentucky, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, Texas, Utah and Wisconsin. In several of them the state act excludes FLSA-covered employers, as the state pages explain.
Which states pay $15 or more?
Statewide rates of $15.00 or more are in force in Arizona ($15.15), California ($16.90), Colorado ($15.16), Connecticut ($16.94), Delaware ($15.00), the District of Columbia ($18.40), Florida ($15.00 from September 30, 2026), Hawaii ($16.00), Illinois ($15.00), Maine ($15.10), Maryland ($15.00), Massachusetts ($15.00), Missouri ($15.00), New Jersey ($15.92), New York ($16.00 or $17.00 by region), Rhode Island ($16.00) and Washington ($17.13). The U.S. Department of Labor's table lists Nebraska at $15.00.
Oregon sets three regional tiers: $15.55 standard, $16.80 in the Portland metro area and $14.55 in nonurban counties. Alaska pays $14.00 and steps to $15.00 on July 1, 2027 under state law.
Which states change on January 1, 2027?
Among the states with a page here, eleven have a verified figure for January 1, 2027:
- Announced by the agency: Arizona $15.65; California $17.40; Colorado $15.71; Connecticut $17.48; Maine $15.70; Minnesota $11.87; New Jersey $16.48; Ohio $11.40.
- Scheduled by statute: Michigan $15.00; Rhode Island $17.00; Virginia $13.75.
Five other states index their rate to inflation and had not announced a 2027 figure when their pages were last verified: Montana, New York, South Dakota, Vermont and Washington. Their pages will be updated once each agency publishes the rate.
Some changes fall on other dates. The District of Columbia and Oregon adjust on July 1, Alaska steps up on July 1, 2027, and Hawaii stays at $16.00 through 2027 before its scheduled $18.00 on January 1, 2028. Florida stays at $15.00 through December 31, 2027.
Tipped minimum wage by state
Federal law lets an employer pay a tipped employee a $2.13 cash wage if tips bring the worker to at least $7.25, and the employer must make up any shortfall (29 U.S.C. 203(m)(2)(A)). States that follow the federal figure include Texas, Utah, Kansas, Kentucky and Indiana. Others set a somewhat higher cash wage: Idaho $3.35, Iowa $4.35, Wisconsin $2.33 and West Virginia $2.62.
Some states require a much higher tipped cash wage: Ohio $5.50, Massachusetts $6.75, New Jersey $6.05, Arizona $12.15, Colorado $12.14 and Florida $11.98.
Seven states allow no tip credit: Alaska, California, Minnesota, Montana, Oregon and Washington, as their pages state, and Nevada, according to the U.S. Department of Labor's tipped wage table. In every state, an employer may not keep employees' tips (29 U.S.C. 203(m)(2)(B)).
Local and city minimum wages
Many cities and counties set rates above the state rate, and the highest applicable rate governs. The state pages list the verified local rates. Examples in 2026 include Chicago at $17.05 and suburban Cook County at $15.40 (Illinois), Denver at $19.29 (Colorado), Seattle at $21.30 (Washington), Santa Fe at $15.40 (New Mexico), and Montgomery County at $15.95 to $18.00 by employer size, Howard County at $16.00 and Prince George's County at $15.30 (Maryland).
In other states, including Idaho, Iowa, Kansas, Texas, Utah, Wisconsin, Oklahoma and North Dakota, the state pages say cities cannot set a higher general minimum wage.
How do you file a minimum wage complaint?
An underpaid worker can file a complaint with the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243 or with the state labor agency named on the state page. Under 29 U.S.C. 216(b), an employer that violates the federal minimum wage owes the unpaid wages plus an equal amount as liquidated damages. The usual deadline to sue is two years, or three for a willful violation (29 U.S.C. 255(a)), and retaliation for filing a complaint is unlawful (29 U.S.C. 215(a)(3)).
State deadlines and damages differ, so use the state page. For pay owed after a job ends, see our guide to unpaid wages, and use the overtime calculator to check overtime pay.
Disclaimer: This article provides general legal information about minimum wage laws in the United States and is not legal advice. It reflects state and federal law as verified between September 28 and September 30, 2026. For advice about a specific situation, consult a lawyer licensed in your state or contact your state labor agency or the U.S. Department of Labor Wage and Hour Division.
Related
Last updated: 2026-09-30.
Frequently Asked Questions
What is the minimum wage in the United States in 2026?
The federal minimum wage is $7.25 an hour (29 U.S.C. 206(a)(1)(C)), but most states set a higher rate, and the higher rate applies under 29 U.S.C. 218(a). The District of Columbia has the highest state-level rate at $18.40 since July 1, 2026.
Which states have a $15 minimum wage?
Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida (from September 30, 2026), Hawaii, Illinois, Maine, Maryland, Massachusetts, Missouri, New Jersey, New York, Rhode Island and Washington are at $15.00 or more statewide. The U.S. Department of Labor also lists Nebraska at $15.00.
What will the minimum wage be in 2027?
Announced or scheduled January 1, 2027 rates include Arizona $15.65, California $17.40, Colorado $15.71, Connecticut $17.48, Maine $15.70, Michigan $15.00, Minnesota $11.87, New Jersey $16.48, Ohio $11.40, Rhode Island $17.00 and Virginia $13.75. New York, Washington, Montana, South Dakota and Vermont had not announced a 2027 figure when their pages were last verified.
Which states have no state minimum wage?
Alabama, Louisiana, Mississippi, South Carolina and Tennessee have no state minimum wage law, according to the U.S. Department of Labor's state table updated July 1, 2026. Covered employers in those states owe the federal $7.25.
What is the tipped minimum wage by state?
The federal tipped cash wage is $2.13, and many states follow it. Alaska, California, Minnesota, Montana, Oregon and Washington require the full minimum wage before tips, while states such as Arizona ($12.15), Colorado ($12.14) and Florida ($11.98) set a high cash wage.
Can a city set a higher minimum wage than the state?
In some states, yes, such as Illinois, Colorado, Washington and Maryland, where the state pages list local rates. In others, including Idaho, Iowa, Kansas, Texas and Wisconsin, the state pages say cities cannot set a higher general minimum wage.
How do I report an employer who pays less than minimum wage?
File a complaint with the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243 or with your state labor agency. The federal deadline to sue is generally two years, or three for a willful violation (29 U.S.C. 255(a)).
Updates
Independently fact-checked against the cited primary sources
State-by-state comparison
Each state guide below is paired with the governing statute our editors adjudicated for it, held in our own legal record and verified against the official source.
Each statute shown is the same adjudicated anchor its state guide renders, independently verified against primary sources. A dash means not yet adjudicated in our record — never that no law exists.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
United States Code Title 29
§ 206Minimum wageIn forcecited in 49 of our articles
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6,250 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) (Court of Appeals for the Third Circuit 1999, 184 F.3d 236)“…wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206 (a), for the work he was compelled to d…”
- Christensen v. Harris County (Supreme Court of the United States 2000, 529 U.S. 576)“…in the private sector of the economy or the public sector. 29 U. S. C. §§ 206 , 207 (1994 ed. and Supp. III). In 1985…”
- Barrentine v. Arkansas-Best Freight System, Inc. (Supreme Court of the United States 1981, 450 U.S. 728)“…a minimum wage under § 6 of the Fair Labor Standards Act, 29 U. S. C. § 206 , may not be waived through a collectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, Federal Minimum Wage 2026: $7.25 an Hour Since 2009, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Minimum Wage 2026: $7.25 Federal, No State Rate, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027, Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027
§ 203DefinitionsIn forcecited in 32 of our articles
As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 4,743 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wisconsin v. Yoder (Supreme Court of the United States 1972, 406 U.S. 205)“…hteen years or detrimental to their health or well-being." 29 U. S. C. § 203 (l). [20] Cf. e. g., Jacobson v…”
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (Supreme Court of the United States 1999, 527 U.S. 666)“…specifically covered the state hospitals in question, see 29 U. S. C. § 203 (d) (1964 ed.), and such coverage was u…”
- Garcia v. San Antonio Metropolitan Transit Authority (Supreme Court of the United States 1985, 469 U.S. 528)“…vernment employees. §§ 6(a)(1) and (6), 88 Stat. 58 , 60, 29 U. S. C. §§ 203 (d) and (x). SATS complied with the FLS…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules, Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Florida Minimum Wage 2026: $15.00 an Hour From September 30
§ 215Prohibited acts; prima facie evidenceIn forcecited in 33 of our articles
After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,632 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants (Court of Appeals for the First Circuit 1979, 600 F.2d 1003)“…available under the FLSA. A relevant starting point may be 29 U.S.C. § 215 (a)(3), which prohibits the retaliatory…”
- United States v. Universal C. I. T. Credit Corp. (Supreme Court of the United States 1952, 344 U.S. 218)“…1060 , *219 1068-1069, as amended, 63 Stat. 910 , 919, 29 U. S. C. §§ 215 , 216 (a), charging the defendant corpo…”
- Mitchell v. Robert DeMario Jewelry, Inc. (Supreme Court of the United States 1960, 361 U.S. 288)“…he three employees in violation of § 15 (a)(3) of the Act, 29 U. S. C. § 215 (a)(3), and' praying for an. order enj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)
§ 255Statute of limitationsIn forcecited in 39 of our articles
Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 See References in Text note below. — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,924 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kimel v. Florida Board of Regents (Supreme Court of the United States 2000, 528 U.S. 62)“…added to the statute of limitations provision of the FLSA, 29 U. S. C. § 255 , a new subsection (d), which suspended…”
- Oscar Mayer & Co. v. Evans (Supreme Court of the United States 1979, 441 U.S. 750)“…title shall apply to actions under this chapter." Title 29 U. S. C. § 255 provides in relevant part: "Any acti…”
- Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak (Court of Appeals for the Ninth Circuit 1993, 991 F.2d 583)“…o a more generous three-year statute of limitations. See 29 U.S.C. § 255 (a) (1988) (three-year statute of limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate, Hawaii Minimum Wage 2026: $16.00 an Hour, Next Step $18.00 in 2028, Idaho Minimum Wage 2026: $7.25 an Hour, Tips and Local Rules
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Sources and References
- 29 U.S.C. 206, Minimum wage(law.cornell.edu)
- 29 U.S.C. 218, Relation to other laws(law.cornell.edu)
- U.S. Department of Labor: State Minimum Wage Laws(dol.gov).gov
- U.S. Department of Labor: Minimum Wages for Tipped Employees(dol.gov).gov
- 29 U.S.C. 203, Definitions (tip credit)(law.cornell.edu)
- U.S. Department of Labor: File a Complaint(dol.gov).gov
- 29 U.S.C. 216, Penalties(law.cornell.edu)
- 29 U.S.C. 255, Statute of limitations(law.cornell.edu)
- 29 U.S.C. 215, Prohibited acts(law.cornell.edu)
- 34 Pa. Code 231.101a, Minimum wage increase(pacodeandbulletin.gov).gov
- Nevada Labor Commissioner: Minimum Wage(labor.nv.gov).gov
- Nevada Labor Commissioner, 2025 Annual Minimum Wage Bulletin(labor.nv.gov).gov