Overview: Federal minimum wage law requires that all nonexempt employees be paid at least $7.25 for every hour they work; this is the federal minimum wage. Twenty-six states have (or will soon have) even higher minimum wages.
Since about 97 percent of the American workforce earns more than the minimum wage, very few employers need to concern themselves with this baseline requirement. Nevertheless, an employer that makes agreed-upon deductions from an employee's pay – for example, deductions for cleaning uniforms – must be careful that the deductions do not bring the employee's wage below the applicable minimum rate.
To comply with minimum wage laws, an employer can apply certain payments – most notably, tips that wait staff, bartenders and other tipped employees receive for service, and the cost of board and lodging – toward its minimum wage obligations.
Also, minimum wage laws allow certain employees – including students, workers with disabilities, messengers, apprentices and student-learners – to be paid at subminimum wages below the normal rate.
Trends: To help employees keep pace with the rising cost of living, 14 states adjust (or will adjust) their minimum wage rates based on the rate of inflation. Lawmakers have introduced legislation that would do the same in other states, and at the federal level.
Author: Michael Cardman, Legal Editor
The District of Columbia's Wage Theft Prevention Amendment Act of 2014 and its emergency amendments recently took effect. Several sections of XpertHR are affected and have been updated.
Many states and municipalities have minimum wage requirements. This Quick Reference chart sets forth the state minimum wage rates for all 50 states plus the District of Columbia. It also covers selected local minimum wage ordinances that apply to most or all employees who work within a particular jurisdiction.
Nevada employers that offer qualifying health benefits must continue to pay nonexempt employees at least $7.25 per hour. All other Nevada employers must continue to pay nonexempt employees at least $8.25 per hour.
South Dakota's minimum wage for minors under the age 18 is now $7.50, one dollar lower than the $8.50 minimum wage for adult employees.
In-depth review of the spectrum of South Dakota employment law requirements HR must follow with respect to minimum wage.
As mandated by the Arkansas Department of Labor, every employer subject to the minimum wage law must post the Arkansas Notice to Employer and Employee Minimum Wage, Overtime, Child Labor, Wage Collection Poster.
Multistate employers face the challenge of complying with not only federal laws, but also differing state and local laws. This section highlights some of the states' differences in terms of preemployment testing and background checks, noncompetition and nonsolicitation agreements, and discrimination, pay and leave rules.
In-depth review of the spectrum of California employment law requirements HR must follow with respect to minimum wage.
In-depth review of the spectrum of New Mexico employment law requirements HR must follow with respect to minimum wage.
HR guidance on complying with federal and state minimum wage laws.