State Minimum Wages
As of January 1, 2013:
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18 states and D.C. have minimum wages above the federal minimum wage.
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23 states and VI have minimum wages the same as the federal minimum wage of $7.25.
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4 states and PR have minimum wages below the federal minimum wage (the federal minimum thus applies).
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5 states have not established a s state minimum wage.
2013 Minimum wage legislation, as of February 13, 2013
|
State |
State
Minimum
Wage
|
Future
Scheduled
Increases |
Increases Tied to Federal
Minimum Wage * |
Indexed
Automatic
Adjustments |
|
Alabama |
none |
|
|
|
|
Alaska |
$7.75 |
|
|
|
|
American Samoa |
varies 1 |
|
|
|
|
Arizona |
$7.80 |
|
|
Rate is increased annually based
upon a cost of living formula. |
|
Arkansas |
$6.25 |
|
|
|
|
California |
$8.00 |
|
|
|
|
Colorado |
$7.78 |
|
|
Rate is increased annually based
upon a cost of living formula. |
|
Connecticut |
$8.25 |
|
yes 2 |
|
|
Delaware |
$7.25 |
|
yes |
|
|
D.C. |
$8.25 |
|
yes 3 |
|
|
Florida |
$7.79 |
|
|
Rate is increased annually based
upon a cost of living formula. |
|
Georgia |
$5.15 |
|
|
|
|
Guam |
$7.25 |
|
|
|
|
Hawaii |
$7.25 |
|
|
|
|
Idaho |
$7.25 |
|
|
|
|
Illinois |
$8.25 |
|
|
|
|
Indiana |
$7.25 |
|
yes |
|
|
Iowa |
$7.25 |
|
yes |
|
|
Kansas |
$7.25 |
|
|
|
|
Kentucky |
$7.25 |
|
yes |
|
|
Louisiana |
none |
|
|
|
|
Maine |
$7.50 |
|
yes 4 |
|
|
Maryland |
$7.25 |
|
yes |
|
|
Massachusetts |
$8.00 |
|
yes 5 |
|
|
Michigan |
$7.40 |
|
|
|
|
Minnesota |
$6.15/$5.25 6 |
|
|
|
|
Mississippi |
none |
|
|
|
|
Missouri |
$7.35 7 |
|
|
Minimum wage is to be increased or decreased by a cost of living factor starting January 1, 2008 and every January 1 thereafter. |
|
Montana |
$7.80/$4.00 8 |
|
|
Minimum wage is subject to a cost of living adjustment tied to the Consumer Price Index, done by September 30 of each year and effective on January 1 of the following year. |
|
Nebraska |
$7.25 |
|
|
|
|
Nevada |
$8.25/$7.25 9 |
|
|
Future adjustments subject to increases in the federal minimum wage and consumer price index. |
|
New Hampshire |
repealed by HB 133 (2011) |
|
yes |
|
|
New Jersey |
$7.25 |
|
|
|
|
New Mexico |
$7.50 |
|
|
|
|
New York |
$7.25 |
|
yes |
|
|
North Carolina |
$7.25 |
|
|
|
|
North Dakota |
$7.25 |
|
|
|
|
Ohio |
$7.85/$7.25 10 |
|
|
The minimum wage will be automatically adjusted each September and increases implemented each January, based on inflation
as determined by the Consumer
Price Index. |
|
Oklahoma |
$7.25/$2.00 11 |
|
|
|
|
Oregon |
$8.95 |
|
|
Beginning January 1, 2004, and annually thereafter, the rate will be adjusted for inflation by a calculation using the U.S. City Average Consumer Price Index for All Urban Consumers for All Items. The wage amount established will be rounded to the nearest five cents. |
|
Pennsylvania |
$7.25 |
|
|
|
|
Puerto Rico |
$4.10/varies 12 |
|
|
|
|
Rhode Island |
$7.75 |
|
|
|
|
South Carolina |
none |
|
|
|
|
South Dakota |
$7.25 |
|
|
|
|
Tennessee |
none |
|
|
|
|
Texas |
$7.25 |
|
|
|
|
Utah |
$7.25 |
|
|
|
|
Vermont |
$8.60 |
|
yes |
Beginning January 1, 2007, and on each subsequent January 1, the minimum wage rate shall be increased by five percent or the percentage increase of the Consumer Price Index, or city average, not seasonally adjusted. |
|
Virgin Islands |
$7.25/$4.30 13 |
|
|
|
|
Virginia |
$7.25 |
|
|
|
|
Washington |
$9.19 |
|
|
Beginning January 1, 2001, and annually thereafter, the rate will be adjusted for inflation by a calculation using the consumer price index for urban wage earners and clerical workers for the prior year. |
|
West Virginia |
$7.25 |
|
yes |
|
|
Wisconsin |
$7.25 |
|
|
|
|
Wyoming |
$5.15 |
|
|
|
Sources: U.S. Dept. of Labor, http://www.dol.gov/esa/minwage/america.htm; and state web sites.
Notes:
* Federal By Reference - State does not establish a dollar amount for its own minimum wage but adopts federal minimum wage by reference. When the federal minimum wage is raised, therefore the state minimum wage is raised as well.
1 American Samoa: The Fair Minimum Wage Act of 2007 (Public Law 110-28) sets minimum wage rates within American Samoa and provides for additional increases in the minimum wage of $0.50 per hour each year on May 25, until reaching the minimum wage generally applicable in the United States. The wage rates are set for particular industries, not for an employee's particular occupation. The rates are minimum rates; an employer may choose to pay an employee at a rate higher than the rate(s) for its industry.
2 Connecticut: The Connecticut minimum wage rate automatically increases to 1/2 of 1 percent above the rate set in the Fair Labor Standards Act if the Federal minimum wage rate equals or becomes higher than the State minimum.
3 District of Columbia: In the District of Columbia, the rate is automatically set at $1 above the Federal minimum wage rate if the District of Columbia rate is lower.
4 The Maine minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum with the exception that any such increase is limited to no more than $1.00 per hour above the current legislated State rate.
5 The Massachusetts minimum wage rate automatically increases to 10 cents above the rate set in the Fair Labor Standards Act if the Federal minimum wage equals or becomes higher than the State minimum.
6 Minnesota: $6.15 applies to employers with an annual sales volume of more than $625,000. $5.25 applies to employers with annual sales of $625,000 or less.
7 Missouri - In addition to the exemption for federally covered employment, the law exempts, among others, employees of a retail or service business with gross annual sales or business done of less than $500,000.
8 Montana State rate applies to all businesses with gross annual sales of $110,000 or less.
9 Nevada: $8.25 without health benefits; $7.25 with health benefits.
10 Ohio: $7:25 for employers grossing $283,000 or less
11 Oklahoma: Employers of ten or more full time employees at any one location and employers with annual gross sales over $100,000 irrespective of number of full time employees are subject to federal minimum wage; all others are subject to state minimum wage of $2.00.
12 Puerto Rico: Employers covered by the Federal Fair Labor Standards Act (FLSA) are subject only to the Federal minimum wage and all applicable regulations. Employers not covered by the FLSA will be subject to a minimum wage that is at least 70 percent of the Federal minimum wage or the applicable mandatory decree rate, whichever is higher. The Secretary of Labor and Human Resources may authorize a rate based on a lower percentage for any employer who can show that implementation of the 70 percent rate would substantially curtail employment in that business. Puerto Rico has minimum wage rates that vary by industry, ranging from a minimum of $4.25 to $7.25 per hour.
13 Virgin Islands: $4.30 for businesses with gross annual receipts of less than $150,000.
Other Exceptions:
-
Missouri, Oklahoma, Texas, Puerto Rico, Utah, and Virginia exclude from coverage any employment that is subject to the Federal Fair Labor Standards Act.
-
Hawaii, Kansas, and Michigan exclude from coverage any employment that is subject to the Federal Fair Labor Standards Act, if the State wage is higher than the Federal wage.
-
Georgia excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act when the Federal rate is greater than the State rate.
NCSL Contact: Jeanne Mejeur
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