ABA Family Legal Guide

Law and the Workplace

On the Job

Wages and Hours

What is the minimum wage?

The minimum wage under the Fair Labor Standards Act (FLSA) is $5.15 an hour. The majority of states that have minimum wage laws peg their minimum wage to the federal minimum. A few states, such as New Mexico and Kansas, have set their state minimum wage below the federal limit. About ten states have set minimum wage rates that are higher than the federal rate. For example, Oregon's minimum wage is $6.50, and Hawaii's is $5.75. A few states have no minimum wage laws.

In states having a minimum wage above the federal rate, all employers, even those covered by the FLSA, must pay the higher state rate. In states where the state minimum rate is below the federal level, those employers covered by the FLSA must pay the higher federal rate.