Oregon
Oregon Minimum Wage 2026: $15.55 Standard, $16.80 Portland Metro
Independently fact-checked against primary sources (last audited September 29, 2026). · 5 primary sources cited on this page. How we verify our legal content

Oregon's minimum wage is set in three regional tiers. Since July 1, 2026, the rate is $15.55 per hour in the standard counties, $16.80 in the Portland metro area and $14.55 in the nonurban counties, under ORS 653.025 as published by the Bureau of Labor and Industries (BOLI). The rates adjust every July 1, so there is no January 1, 2027 increase, and BOLI had not yet calculated the July 1, 2027 rates when this page was last verified.
Information last verified on September 28, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the Oregon minimum wage law (ORS chapter 653) and the federal Fair Labor Standards Act (FLSA) minimum wage overlay. It does not cover overtime detail, final-pay rules or any other state.
What is the minimum wage in Oregon in 2026?
For July 1, 2026 through June 30, 2027, BOLI lists three rates. Which one applies depends on where the work is performed.
| Tier | Hourly rate | Effective | Where it applies |
|---|---|---|---|
| Portland metro | $16.80 | July 1, 2026 | Inside the urban growth boundary, including parts of Clackamas, Multnomah and Washington counties |
| Standard | $15.55 | July 1, 2026 | Benton, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Polk, Tillamook, Wasco and Yamhill counties, plus the parts of Clackamas, Multnomah and Washington counties outside the urban growth boundary |
| Nonurban | $14.55 | July 1, 2026 | Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa and Wheeler counties |
The previous rates, in force from July 1, 2025 through June 30, 2026, were $16.30 (Portland metro), $15.05 (standard) and $14.05 (nonurban), according to BOLI's schedule page.
BOLI says workers are typically paid the rate for the county where they work 50 percent or more of their weekly hours; an employer can pay a traveling worker the rate for each county worked, and a delivery driver is owed the rate for the county where the day starts and ends.
This page does not sort individual street addresses inside Clackamas, Multnomah and Washington counties into the Portland metro or standard tier. For a specific address, ask BOLI which tier applies.
When does the Oregon minimum wage go up next?
The next change is July 1, 2027. The new rates are not yet known: BOLI had not announced them when this page was last verified.
ORS 653.025(1)(j) provides that after June 30, 2023 the rate is adjusted annually for inflation on July 1. Under ORS 653.025(5), BOLI's commissioner calculates the adjustment no later than April 30 each year, using the increase, if any, from March of the preceding year to March of the current year in the U.S. City Average Consumer Price Index for All Urban Consumers (CPI-U), All Items. The result is rounded to the nearest five cents and takes effect July 1. The Portland metro rate then equals the standard rate plus $1.25 (ORS 653.025(2)(h)), and the nonurban rate equals the standard rate minus $1.00 (ORS 653.025(3)(h)).
Because the statute keys the adjustment to an increase, the size of the 2027 change cannot be known until BOLI publishes it. Check the BOLI minimum wage schedule after April 30, 2027.
Tipped workers: Oregon has no tip credit
Oregon employers must pay the full regional minimum wage before tips. ORS 653.035(3) provides that employers, including employers regulated by the FLSA, may not include any amount received by employees as tips in determining the amount of the minimum wage required. BOLI's FAQ says: "Tip credits are illegal in Oregon."

That is a sharp contrast with the federal rule, under which an employer can pay a tipped employee a direct wage of at least $2.13 an hour if that amount plus tips equals at least $7.25, the employee keeps all tips and the employee customarily and regularly receives more than $30 a month in tips (DOL FAQ; 29 U.S.C. 203(m)(2)(A)). In Oregon, a server in the Portland metro area must receive at least $16.80 an hour from the employer, and tips are on top of that.
Youth, student and other exceptions
Oregon has no youth or training wage. BOLI states that the minimum wage is the same for adults and for minors. ORS 653.030 lets the commissioner set lower rates only for student-learners, as defined in ORS 653.070.
ORS 653.020 excludes some workers from the minimum wage law altogether. The exclusions include certain piece-rate hand harvest and pruning agricultural workers, hand harvest laborers 16 or under paid on a piece-rate basis, in an operation customarily paid by piece rate in the region, at the same piece rate as workers over 16 on the same farm (ORS 653.020(1)(d)), immediate family members of an agricultural employer, casual domestic service, salaried administrative, executive and professional employees, federal employees, enrolled students employed by their own primary or secondary school, outside salespersons and taxicab operators. The statute lists more, and this page does not reproduce the full list.
Can Portland or other Oregon cities set a higher minimum wage?
No. ORS 653.017(2) provides that the State of Oregon preempts all charter and statutory authority of local governments to set any minimum wage requirements. ORS 653.017(3) leaves room for public employers, specifications in public contracts, and conditions of direct tax abatements or subsidies for private employers with 10 or more employees.

The Portland metro rate is therefore not a city ordinance. It is a state tier that follows the urban growth boundary.
How Oregon and federal minimum wage law fit together
The federal minimum wage is $7.25 per hour (29 U.S.C. 206(a)(1)(C)). Under 29 U.S.C. 218(a), nothing in the FLSA excuses noncompliance with a state law or municipal ordinance that sets a higher minimum wage, and DOL states that where an employee is subject to both, the employee is entitled to the higher rate. Every Oregon tier is above $7.25, so the Oregon rate controls for covered work. For federal coverage rules, subminimum certificates and pending federal bills, see the federal minimum wage page.
If you live in Oregon and work across the border in Idaho, or the reverse, compare the Idaho minimum wage page with this one.
What to do if you are paid less than the Oregon minimum wage
BOLI takes wage complaints through its online complaint portal, which BOLI's minimum wage page links. BOLI can explain which deadlines apply to your claim, so contact it promptly rather than waiting.
ORS 653.055(1) makes an employer that pays less than the required wage liable for the full amount of wages owed, less amounts already paid, plus the civil penalties provided in ORS 652.150. Under ORS 653.055(2), an agreement to work for less than the minimum wage is no defense. ORS 653.055(3) lets the commissioner bring wage claims and sue to enjoin violations. Under ORS 653.055(4), the court may award reasonable attorney fees to the prevailing party in an action brought by an employee. ORS 653.060 bars an employer from firing or discriminating against an employee for asking about the minimum wage law, reporting a violation or filing a complaint, starting a proceeding, or testifying; a violation is an unlawful employment practice, and the employee may file a complaint with BOLI under ORS 659A.820. This page did not review the limitation periods for these claims, so ask BOLI or a lawyer licensed in Oregon how long you have.
For the federal remedy, 29 U.S.C. 216(b) gives an employee unpaid minimum wages plus an equal amount as liquidated damages and a reasonable attorney's fee, and 29 U.S.C. 255(a) sets a two-year limit, or three years for a willful violation. For final-pay and unpaid-wage steps, see Oregon final paycheck laws, Oregon at-will employment laws and unpaid wages. To estimate overtime, use the overtime calculator.
Common Oregon minimum wage mistakes
Three assumptions come up repeatedly. First, Portland and Multnomah County do not set their own minimum wage. Second, tip credits are not allowed in Oregon. Third, rates do not change on January 1; they change on July 1.
Disclaimer: This page is general legal information, not legal advice. It covers the Oregon minimum wage law (ORS chapter 653) and the federal Fair Labor Standards Act as verified on September 28, 2026. For a specific pay situation, consult a lawyer licensed in Oregon or the Oregon Bureau of Labor and Industries.
Related pages
- Minimum wage by state
- Federal minimum wage rules
- Oregon final paycheck laws
- Oregon at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
- Idaho minimum wage
Last updated: September 28, 2026.
Frequently Asked Questions
What is the minimum wage in Oregon?
Since July 1, 2026, it is $16.80 in the Portland metro area, $15.55 in the standard counties and $14.55 in the nonurban counties (BOLI; ORS 653.025).
Will Oregon's minimum wage go up in 2027?
Not on January 1. Oregon adjusts on July 1, and BOLI calculates the 2027 rates by April 30, 2027. They had not been announced when this page was last verified.
What is the minimum wage in Portland, Oregon?
$16.80 per hour since July 1, 2026. It is a state tier for work inside the urban growth boundary, not a city ordinance.
Which Oregon counties have the lowest minimum wage?
The nonurban counties, at $14.55 per hour. They include Baker, Coos, Crook, Curry, Douglas, Klamath, Malheur and Umatilla, among others listed by BOLI.
Does Oregon have a tip credit?
No. ORS 653.035(3) bars counting tips toward the minimum wage, so tipped workers must receive the full regional minimum from the employer.
Can an employer pay minors less than the minimum wage in Oregon?
Generally no. BOLI states the minimum wage is the same for adults and minors, and ORS 653.030 allows lower rates only for student-learners. ORS 653.020(1)(d) excludes hand harvest laborers 16 or under who are paid on a piece-rate basis, in an operation customarily paid by piece rate in the region, at the same piece rate as workers over 16 on the same farm.
Can Oregon cities set their own minimum wage?
No. ORS 653.017(2) preempts local minimum wage authority, with exceptions for public employers, public contracts and some tax abatements or subsidies.
How do I file a minimum wage complaint in Oregon?
Use the BOLI online complaint portal. BOLI can tell you which deadlines apply to your claim.
Does the federal $7.25 minimum wage apply in Oregon?
Only if it is higher, which it never is here. Under 29 U.S.C. 218(a) the higher state rate applies to covered work.
Updates
Independently fact-checked against the cited primary sources
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.
Oregon Revised Statutes, Chapter 653: Minimum Wages; Employment Conditions; Minors
§ 653.025Minimum wage rate; rulesIn force
(1) Except as provided in subsections (2) and (3) of this section, ORS 652.020 and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than: (a) For calendar year 2003, $6.90. (b) From January 1, 2004, to June 30, 2016, a rate adjusted for inflation as calculated by the commissioner. (c) From July 1, 2016, to June 30, 2017, $9.75. (d) From July 1, 2017, to June 30, 2018, $10.25. (e) From July 1, 2018, to June 30, 2019, $10.75. (f) From July 1, 2019, to June 30, 2020, $11.25. (g) From July 1, 2020, to June 30, 2021, $12. (h) From July 1, 2021, to June 30, 2022, $12.75. (i) From July 1, 2022, to June 30, 2023, $13.50. (j) After June 30, 2023, beginning on July 1 of each year, a rate adjusted annually for inflation as described in subsection (5) of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 653.035Deducting value of lodging, meals and other benefits furnished by employer; treatment of commissions and tipsIn force
(1) Employers may deduct from the minimum wage to be paid employees under ORS 653.025, 653.030 or 653.261, the fair market value of lodging, meals or other facilities or services furnished by the employer for the private benefit of the employee. (2) Employers may include commission payments to employees as part of the applicable minimum wage for any pay period in which the combined wage and commission earnings of the employee will comply with ORS 653.010 to 653.261. In any pay period where the combined wage and commission payments to the employee do not add up to the applicable minimum wage under ORS 653.010 to 653.261, the employer shall pay the minimum rate as prescribed in ORS 653.010 to 653.261. (3) Employers, including employers regulated under the federal Fair Labor Standards Act, may not include any amount received by employees as tips in determining the amount of the minimum wage required to be paid by ORS 653.010 to 653.261.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 653.020Excluded employeesIn force
ORS 653.010 to 653.261 do not apply to any of the following employees: (1) An individual employed in agriculture if: (a) Such individual is employed as a hand harvest or pruning laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment and is employed by an employer who did not, during any calendar quarter during the preceding year, use more than 500 piece-rate-work-days of agricultural labor; (b) Such individual is the parent, spouse, child or other member of the employer’s immediate family; (c) Such individual: (A) Is employed as a hand harvest or pruning laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (B) Commutes daily from a permanent residence to the farm on which the individual is so employed; and (C) Has been employed in agricultural labor less than 13 weeks during the preceding calendar year; (d) Such individual, other than an individual described in paragraph (c) of…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 653.030Commissioner may prescribe lower rates in certain cases; rulesIn force
The Commissioner of the Bureau of Labor and Industries shall issue rules prescribing the employment of other types of persons at fixed minimum hourly wage rates lower than the minimum wage rate required by ORS 653.025, when the commissioner has determined that the application of ORS 653.025 would substantially curtail opportunities for employment for specific types of persons. The types of persons for whom a minimum hourly wage rate may be set are limited to persons who are student-learners, as defined in ORS 653.070.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 653.055Liability of noncomplying employer; contrary agreements no defense; wage claims; suits to enjoin future violations; attorney feesIn force
(1) Any employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 or 653.272 is liable to the employee affected: (a) For the full amount of the wages, less any amount actually paid to the employee by the employer; and (b) For civil penalties provided in ORS 652.150. (2) Any agreement between an employee and an employer to work at less than the wage rate required by ORS 653.010 to 653.261 or 653.272 is no defense to an action under subsection (1) of this section. (3) The Commissioner of the Bureau of Labor and Industries has the same powers and duties in connection with a wage claim based on ORS 653.010 to 653.261 and 653.272 as the commissioner has under ORS 652.310 to 652.445 and in addition the commissioner may, without the necessity of assignments of wage claims from employees, initiate suits against employers to enjoin future failures to pay required minimum wages or overtime pay and to require the payment of minimum wages and overtime pay due employees but not paid as of the time of the filing of suit.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 653.060Discharging or discriminating against employee prohibitedIn forcecited in 2 of our articles
(1) An employer may not discharge or in any other manner discriminate against an employee because: (a) The employee has inquired about the provisions of ORS 653.010 to 653.261 or 653.265 or has reported a violation of or filed a complaint related to ORS 653.010 to 653.261 or 653.265. (b) The employee has caused to be instituted or is about to cause to be instituted any proceedings under or related to ORS 653.010 to 653.261 or 653.265. (c) The employee has testified or is about to testify in any such proceedings. (2) A violation of this section is an unlawful employment practice under ORS chapter 659A. A person unlawfully discriminated against under this section may file a complaint under ORS 659A.820 with the Commissioner of the Bureau of Labor and Industries.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Buero v. Amazon.com Services, Inc. (Oregon Supreme Court 2022, 370 Or. 502)“…ion of a State” from the definition of “employer”); compare ORS 653.060 (1967) (mak- ing it unlawful to “discha…”
- Justice v. Rockwell Collins, Inc. (District Court, D. Oregon 2015, 117 F. Supp. 3d 1119)“…for reporting unpaid overtime in violation of the FLSA and Or.Rev.Stat. § 653.060; (3) sexual harassment in violation of…”
- Krouse v. Ply Gem Pacific Windows Corp. (District Court, D. Oregon 2011, 803 F. Supp. 2d 1220)“…inst plaintiff after he brought wage claims in violation of ORS 653.060 and ORS 652.355. Compl. at 12. Section…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Whistleblower Laws: Protections and How to Report
§ 653.070Student-learners special wage; conditions; rules; penaltiesIn force
(1) As used in this section: (a) “Bona fide professional training program” includes any professional training program approved by the Superintendent of Public Instruction pursuant to rules of the State Board of Education which provides for part-time employment training which may be scheduled for a part of the workday or workweek, for alternating weeks or for other limited periods during the year, supplemented by and integrated with a definitely organized plan of instruction designed to teach technical knowledge and related information given as a regular part of the student-learner’s course by an accredited school, college or university. (b) “Student-learner” means a student who is receiving instruction in an accredited school, college or university and who is employed on a part-time basis, pursuant to a bona fide professional training program. (2) Notwithstanding ORS 653.025, employers shall pay student-learners at least 75 percent of the minimum wage prescribed by ORS 653.025.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Oregon Revised Statutes, Chapter 652: Hours; Wages; Wage Claims; Records
§ 652.150Penalty wage for failure to pay wages on termination of employmentIn forcecited in 2 of our articles
(1) Except as provided in subsections (2) and (3) of this section, if an employer willfully fails to pay any wages or compensation of any employee whose employment ceases, as provided in ORS 652.140 and 652.145, then, as a penalty for the nonpayment, the wages or compensation of the employee shall continue from the due date thereof at the same hourly rate for eight hours per day until paid or until action therefor is commenced. However: (a) In no case shall the penalty wages or compensation continue for more than 30 days from the due date; and (b) A penalty may not be assessed under this section when an employer pays an employee the wages the employer estimates are due and payable under ORS 652.140 (2)(c) and the estimated amount of wages paid is less than the actual amount of earned and unpaid wages, as long as the employer pays the employee all wages earned and unpaid within five days after the employee submits the time records.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 145 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Nordling v. Johnston (Oregon Supreme Court 1955, 205 Or. 315)“…and attorney's fees. ORS 652.140; Oregon Laws 1947, ch 193 (ORS 652.150); OCLA § 102-607 (ORS 652.200). From a…”
- Sabin v. Willamette-Western Corporation (Oregon Supreme Court 1976, 276 Or. 1083)“…O.U., and also to recover a penalty of 30 days’ wages under ORS 652.150 for wilful failure to pay both the vaca…”
- State Ex Rel Nilsen v. JOHNSTON ET UX (Oregon Supreme Court 1962, 233 Or. 103)“…alized the defendants in the amount of $111.80, pursuant to ORS 652.150. In addition, it allowed $75 attorneys…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Final Paycheck Laws: One of the Fastest Deadlines in the Country
Oregon Revised Statutes, Chapter 659A: Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement
§ 659A.820ComplaintsIn forcecited in 3 of our articles
(1) As used in this section, for purposes of a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law, “person claiming to be aggrieved by an unlawful practice” includes, but is not limited to, a person who believes that the person: (a) Has been injured by an unlawful practice under ORS 659A.145 or 659A.421 or a discriminatory housing practice; or (b) Will be injured by an unlawful practice under ORS 659A.145 or 659A.421 or a discriminatory housing practice that is about to occur. (2) Any person claiming to be aggrieved by an unlawful practice may file with the Commissioner of the Bureau of Labor and Industries a verified written complaint that states the name and address of the person alleged to have committed the unlawful practice. The complaint must be signed by the complainant. The complaint must set forth the acts or omissions alleged to be an unlawful practice. The complainant may be required to set forth in the complaint such other information as the commissioner may require.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Portland State University Chapter of the American Ass'n of University Professors v. Portland State University (Oregon Supreme Court 2012, 352 Or. 697)“…to, filing a discrimination 11 complaint with BOLI. See ORS 659A.820 (regarding the filing of complaints wit…”
- Hatkoff v. Portland Adventist Medical Center (Court of Appeals of Oregon 2012, 252 Or. App. 210)“…mination complaint with the Bureau of Labor and Industries, ORS 659A.820, or in state court, ORS 659A.875.…”
- Fenimore v. Blachly-Lane Cnty. C.E.A. (Court of Appeals of Oregon 2019, 297 Or. App. 47)“…s right to file a formal complaint with BOLI is provided by ORS 659A.820(2), under which "[a]ny person claiming…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Background Check Laws (2026 Guide), Oregon At-Will Employment Laws: Exceptions and Your Rights
United States Code Title 29
§ 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: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate
§ 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, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, 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: Federal Whistleblower Laws: Protections and How to Report, Unpaid Wages: How to File a Claim and Recover What You're Owed, Employer Threatening to Call Immigration? Your Rights in the U.S.
§ 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: 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, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules
§ 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: Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)
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Sources and References
- BOLI: Oregon minimum wage(www.oregon.gov).gov
- BOLI: minimum wage schedule(www.oregon.gov).gov
- ORS chapter 653 (minimum wage and wage claims)(www.oregonlegislature.gov).gov
- BOLI complaint portal(complaints.boli.oregon.gov).gov
- 29 U.S.C. 206 (federal minimum wage)(www.law.cornell.edu)
- 29 U.S.C. 203 (definitions, tip credit)(www.law.cornell.edu)
- 29 U.S.C. 218 (relation to state law)(www.law.cornell.edu)
- DOL Wage and Hour Division minimum wage FAQ(www.dol.gov).gov
- 29 U.S.C. 216 (penalties and remedies)(www.law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations)(www.law.cornell.edu)