Utah
Utah Minimum Wage 2026: $7.25 an Hour, Tips and Youth Rate
Independently fact-checked against primary sources (last audited September 29, 2026). · 10 primary sources cited on this page. How we verify our legal content

The Utah Labor Commission states that the minimum wage in Utah is $7.25 per hour, the same as the federal minimum wage. Utah's Minimum Wage Act excludes employees entitled to the FLSA minimum, so the federal law governs most Utah workers, and Utah localities may not set a higher rate.
Information last verified on September 28, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the Utah Minimum Wage Act (Utah Code Title 34, Chapter 40) and the federal FLSA that governs most Utah workers. It does not cover overtime detail, Utah's Payment of Wages Act beyond a pointer, or any other state.
What is the Utah minimum wage?
The Utah Labor Commission states: "The minimum wage in Utah is $7.25 per hour." That equals the federal minimum wage under 29 U.S.C. 206(a)(1)(C).
Utah Code 34-40-103 lets the Labor Commission set the minimum wage by rule and provides that it may not exceed the federal minimum wage in effect at the time of implementation of this section; the Commission reviews the rate at least every three years and whenever the federal wage changes. The statute's own figure is $3.80 per hour, effective April 1, 1990 (34-40-103(1)(b)); after July 1, 1990 the Commission may set the rate by rule (34-40-103(2)(a)). The Commission's own $7.25 statement is the source used here for the current rate.
Nothing reviewed schedules a change on January 1, 2027. The federal rate changes only if Congress passes a bill and the President signs it. See the federal minimum wage page.
Why the federal law governs most Utah workers
Utah Code 34-40-104(1) provides that the Utah minimum wage does not apply to an employee entitled to a minimum wage under the FLSA. Other exclusions include outside salespeople, immediate family, companionship services, casual and domestic employees, certain nonprofit seasonal employees, federal employees, prisoners, certain agricultural employees, registered apprentices or students employed by their school, and certain seasonal amusement employees. Section 34-40-104 also allows lower wages for some workers with disabilities and for learners in their first 160 hours. DOL's state table likewise notes that Utah's law excludes FLSA-covered employment.
The FLSA covers employees of enterprises with at least $500,000 in annual sales or business done, and employees of smaller firms engaged in interstate commerce (DOL FAQ; 29 U.S.C. 203(s)(1)(A)). It also covers employees of hospitals, schools and government agencies (DOL FAQ). In practice the federal $7.25 is what most workers are owed, and the higher standard controls (29 U.S.C. 218(a)).
Tipped workers in Utah
The Labor Commission says tipped employees, adults and minors, may be paid $2.13 per hour, but only so long as the tips they earn plus the base wage equal or exceed the minimum wage. DOL's tipped table lists a $2.13 cash wage and a $5.12 maximum credit for Utah, and an employer may not keep employees' tips (29 U.S.C. 203(m)(2)(B)).

Youth rate
The Labor Commission page says minors under 18 must be paid minimum wage, but an employer may pay a minor $4.25 per hour during the first 90 days of employment. The federal youth wage in 29 U.S.C. 206(g) applies to newly hired employees under age 20 for the first 90 consecutive calendar days, if the work does not displace other workers, so an FLSA-covered employer may use the federal rule for an 18- or 19-year-old.
Can Utah cities set a higher minimum wage?
No. Utah Code 34-40-106(1) says a city, town or county may not establish, mandate or require a minimum wage that exceeds the federal minimum wage, and subsection (2) applies the same limit to contractors with the locality, with an exception for federally funded projects. Salt Lake City and other Utah localities have no separate minimum wage.

How to file a minimum wage or wage claim in Utah
The Utah Labor Commission's Utah Antidiscrimination and Labor Division (UALD) says: "If you have a dispute over wages with your employer, you may file a wage claim with the Wage Claim Unit." The page adds that the Payment of Wages Act makes it illegal for an employer to retaliate against an employee for filing a complaint with UALD. The Commission says it handles wage claims of $50 to $10,000 for private-sector workers, and that minors who were not paid the minimum wage can file under the Payment of Wages Act. Start on the Labor Commission wage claim page.
Utah Code 34-40-202 lets the division enforce the chapter and impose a penalty of up to $500 per violation, and 34-40-204 makes a violation an infraction, a second violation a class C misdemeanor and a third a class B misdemeanor. Under Utah Code 34-40-205, an employee may also sue to recover the difference between the wage paid and the minimum wage, plus interest, and may seek an injunction. The court may award costs and attorney fees to the prevailing party, and the suit must be brought within two years of the violation.
For FLSA-covered workers, DOL takes complaints at 1-866-487-9243. An employer that violates the federal minimum wage owes unpaid wages plus an equal amount as liquidated damages (29 U.S.C. 216(b)), a suit generally must start within two years, or three for a willful violation (29 U.S.C. 255(a)), and 29 U.S.C. 215(a)(3) bars retaliation. See Utah final paycheck laws and unpaid wages.
Disclaimer: This page is general legal information, not legal advice. It covers the Utah Minimum Wage Act and the federal Fair Labor Standards Act (FLSA) as verified on September 28, 2026. For a specific pay situation, consult a lawyer licensed in Utah or the state labor agency.
Related pages
- Minimum wage by state
- Federal minimum wage rules
- Utah final paycheck laws
- Utah at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
Last updated: September 28, 2026.
Frequently Asked Questions
What is the minimum wage in Utah in 2026?
The Utah Labor Commission states it is $7.25 per hour, matching the federal minimum wage.
Will Utah's minimum wage go up in 2027?
Nothing reviewed schedules a change. The Utah act does not apply to FLSA-covered workers, so the federal rate is the one that matters for most workers, and it changes only if Congress enacts a new rate.
What is the Utah tipped minimum wage?
The Labor Commission says tipped employees may be paid $2.13 per hour only if their tips plus that base wage equal or exceed the minimum wage.
Can Utah employers pay teenagers less than minimum wage?
The Labor Commission says an employer may pay a minor $4.25 per hour during the first 90 days of employment. Federal law allows the same rate for a newly hired employee under 20, without displacing other workers.
Can Salt Lake City set its own minimum wage?
No. Utah Code 34-40-106 bars a city, town or county from requiring a minimum wage above the federal minimum wage.
Who files a wage complaint in Utah?
The Utah Labor Commission's Wage Claim Unit takes wage disputes. FLSA-covered workers can also call the U.S. Department of Labor at 1-866-487-9243.
Can I sue my Utah employer for unpaid minimum wage?
Yes. Under Utah Code 34-40-205, an employee may bring a civil action to recover the difference between the wage paid and the minimum wage, plus interest, and may seek an injunction. The court may award costs and attorney fees to the prevailing party, and the action must be brought within two years of the violation. FLSA-covered workers also have a federal claim under 29 U.S.C. 216(b).
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.
Utah Code, Title 34: Labor in General
§ 34-40-103Minimum wage -- Commission to review and modify minimum wage.In force
(1) (a) The minimum wage for all private and public employees within the state shall be $3.35 per hour. (b) Effective April 1, 1990, the minimum wage shall be $3.80 per hour. (2) (a) After July 1, 1990, the commission may by rule establish the minimum wage or wages as provided in this chapter that may be paid to employees in public and private employment within the state. (b) The minimum wage, as established by the commission, may not exceed the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act of 1938, as amended, in effect at the time of implementation of this section. (c) The commission: (i) may review the minimum wage at any time; (ii) shall review the minimum wage at least every three years; and (iii) shall review the minimum wage whenever the federal minimum wage is changed. (3) The commission may provide for separate minimum hourly wages for minors.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 34-40-104Exemptions.In force
(1) The minimum wage established in this chapter does not apply to: (a) an employee who is entitled to a minimum wage as provided in the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq.; (b) an outside sales person; (c) an employee who is a member of the employer's immediate family; (d) companionship service for an individual who, because of age or infirmity, is unable to care for the individual's self; (e) casual and domestic employees as defined by the commission; (f) a seasonal employee of a nonprofit camping program, religious or recreation program, or nonprofit educational or charitable organization registered under Title 13, Chapter 22, Charitable Solicitations Act; (g) an individual employed by the United States of America; (h) a prisoner employed through the penal system; (i) an employee employed in agriculture if the employee: (i) is principally engaged in the range production of livestock; (ii) is employed as a harvest laborer and is paid on a piece rate basis in an operation that has been and is generally recognized by custom as having been paid on a piece rate basis in the region of employment; (iii) was employed in agriculture less than 13…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 34-40-106Limitations on minimum wage imposed by cities, towns, or counties.In force
(1) A city, town, or county may not establish, mandate, or require a minimum wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938. (2) (a) A city, town, or county may not require that a person who contracts with the city, town, or county pay that person's employees a wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938. (b) Subsection (2)(a) does not apply when federal law requires the payment of a specified wage to persons working on projects funded in whole or in part by federal funds. (c) Subsection (2)(a) applies to contracts executed on or after April 30, 2001. (3) (a) If a city, town, or county contracts with a person for the direct purchase of goods or services, in awarding or otherwise executing that contract, the city, town, or county may not give any preferential treatment to a person on the basis that the person pays that person's employees a wage that exceeds the minimum wage as provided in 29 U.S.C. 201 et seq., Fair Labor Standards Act of 1938.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 34-40-102Definitions -- Joint employees -- Franchisors.In force
(1) Subject to Subsection (3), this chapter and the terms used in it, including the computation of wages, shall be interpreted consistently with the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq., as amended, to the extent that act relates to the payment of a minimum wage. (2) As used in this chapter: (a) "Cash wage obligation" means an hourly wage that an employer pays a tipped employee regardless of the tips or gratuities a tipped employee receives. (b) "Commission" means the Labor Commission. (c) "Division" means the Division of Antidiscrimination and Labor in the commission. (d) "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government. (e) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1. (f) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1. (g) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1. (h) "Minimum wage" means the state minimum hourly wage for adult employees as established under this chapter, unless the context clearly indicates otherwise.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 34-40-202Enforcement.In force
The division shall enforce this chapter and investigate complaints under this chapter. The division may commence administrative proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and may impose a penalty of up to $500 per violation of this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 34-40-204Criminal penalty -- Enforcement.In force
(1) As used in this section, "violation" includes separate violations as to individual employees arising out of the same investigation or enforcement action. (2) (a) A violation of this chapter is an infraction. (b) A second violation of this chapter is a class C misdemeanor. (c) A third or subsequent violation of this chapter is a class B misdemeanor. (3) Upon an employer's violation of this section, the commission may prosecute a criminal action in the name of the state. (4) The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 34-40-205Civil action allowed.In force
(1) In addition to the administrative and criminal actions authorized by this chapter, an employee may bring a civil action to enforce the employee's rights under this chapter. (2) (a) An aggrieved employee is entitled to injunctive relief and may recover the difference between the wage paid and the minimum wage, plus interest. (b) The court may award court costs and attorney fees to the prevailing party. (3) An action brought under this section shall be brought within two years of the alleged violation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- In Re Wal-Mart Wage & Hour Employment Practices Litigation (District Court, D. Nevada 2007, 490 F. Supp. 2d 1091)“…ge paid and the minimum wage, interest, and costs of suit. Utah Code Ann. § 34-40-205 (l)-(2). Pursuant to Utah’s Minimum Wag…”
- Olmstead v. Cottonwood Creek Agency (District Court, D. Utah 2025)“…missed because it is barred by the statute of limitations. Utah Code Ann. § 34-40-205. IV. UPWA Claim…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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
§ 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., Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)
§ 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, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027
§ 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: Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules, California Minimum Wage 2026: $16.90 an Hour, $17.40 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: Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, 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
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Sources and References
- Utah Labor Commission, UALD wage claim page(laborcommission.utah.gov).gov
- Utah Code 34-40-103 (minimum wage set by commission)(le.utah.gov).gov
- Utah Code 34-40-104 (exclusions)(le.utah.gov).gov
- Utah Code 34-40-106 (local minimum wage prohibited)(le.utah.gov).gov
- Utah Code 34-40-202 (enforcement and penalty)(le.utah.gov).gov
- Utah Code 34-40-204 (criminal penalties)(le.utah.gov).gov
- Utah Code 34-40-205 (civil action)(le.utah.gov).gov
- 29 U.S.C. 206 (minimum wage), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 218 (relation to other laws), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 216 (penalties), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 215 (prohibited acts), Cornell LII(www.law.cornell.edu)
- U.S. Department of Labor Wage and Hour Division, Minimum Wage FAQ(www.dol.gov).gov
- U.S. Department of Labor Wage and Hour Division, file a complaint(www.dol.gov).gov
- U.S. Department of Labor, Minimum Wages for Tipped Employees(www.dol.gov).gov