Minimum Wage: Federal vs. State, Exceptions (2024)

What Is Minimum Wage?

A minimum wage is the lowest wage that a worker may be paid per hour. It's a price floor on hourly wages mandated by federal law. Nonexempt workerscan't be offered a job or agree to work for less than this amount.

Key Takeaways

  • The minimum wage is a legally mandated base pay for nonexempt hourly workers.
  • The federal minimum wage in the United States as of 2024 is $7.25 per hour.
  • States and local municipalities can set their own minimum wage rates but the state rate must be above the federal rate to qualify for this right.
  • Twenty-two states increased their minimum wage effective January 2024.

Understanding Minimum Wage

Minimum wage laws were first introduced in Australia and New Zealand in an attempt to raise the income ofunskilled workers. Most modern developed economies as well as many developing economies enforce a national minimum wage.

The first minimum wage law in the United States went into effect in 1912 when Massachusetts set a minimum hourly rate for women and children under age 18.

The federal government established a minimum wage of $0.25 under the Fair Labor Standards Act (FLSA) in 1938. That wage was worth $5.48 as of the fourth quarter of 2023 if you adjust it for inflation.

The federal minimum wage rate in the United States is $7.25 per hour as of 2024 unless the worker falls into a category that's specifically exempted from FLSA.

The government periodically assesses the federal minimum wage level with changes ininflationor the cost of living and the rate has not increased since July 2009. The Fair Minimum Wage Act of 2007 ordered the minimum wage to be raised from $5.15 in three increments. It rose to $5.85, $6.55, and then finally to $7.25.

President Joe Biden campaigned on a promise to raise the federal minimum wage for government workers to $15 an hour. The Executive Order was signed on April 27, 2021 and was implemented on Jan. 30, 2022.

History of the Minimum Wage

The first minimum wage laws came into effect in the late 1800s when sweatshop labor was common in newly industrialized countries. Minimum wages were a central demand for the new union movement, along with shorter hours and better working conditions.

The first national minimum wage was enacted by New Zealand in 1894, followed by the United Kingdom in 1909.

Minimum wages were advocated by both labor organizers and consumer groups in the United States but they faced challenges from business interests. Several states attempted to pass minimum wage laws but they were rebuffed by a 1923 Supreme Court decision that declared minimum wage laws to be unconstitutional.

It wasn't until the New Deal that Congress finally enacted a federal minimum wage law. The Fair Labor Standards Act that was passed in 1938 set the minimum wage at $0.25 per hour. It may seem low but that wage provided a reasonably comfortable living for Depression-era families.

Federal Minimum Wage vs. State Minimum Wages

The United States enforces a federal minimum wage but individual states, cities, and localities can enact different minimum wage requirements provided that the stipulated hourly wage is not lower than the federal minimum wage. An employer who is subject to the federal and state minimum wage requirements must pay the higher of the two.

States usually set a minimum wage that is reflective of thecost of livingin the region. The state of Massachusetts has a minimum wage of $15 as of Jan. 1, 2024 and Montana has a minimum wage rate of $10.30 as of that date.

Minimum wage rates exceed the federal rate in 30 states and the District of Columbia as of January 2024. The District of Columbia has the highest minimum wage at $17 per hour. The second highest is Washington State at $16.28. New York and California are tied for third place at $16.


Only five states have not adopted a state minimum wage as of Jan. 1, 2024: Alabama, Louisiana, Mississippi, South Carolina, and Tennessee.

This map shows the minimum wage set at each state level. Seven states have no state minimum and two, Georgia and Wyoming, have a minimum wage less than that provided for at the federal level. In all cases, the federal minimum wage of $7.25 applies.

Some states have special exceptions to their minimum wage rules:

  • Georgia and Wyoming both have a minimum wage of just $5.15 but employees covered under theFLSAare subject to the federal minimum wage of $7.25.
  • Small employers in Minnesota with annual sales of less than $500,000 pay a minimum wage of $8.85 rather than the regular state minimum of $10.85.
  • The minimum wage in Nevada is $1 less than the specified minimum if health benefits are included. A $12 minimum wage for all employees will replace the two-tier system in July 2024.
  • The minimum wage in Oklahoma is $2 for employers with fewer than 10 full-time employees at any single location and for employers with $100,000 or less in annual gross sales regardless of their number of employees.
  • Florida residents voted in November 2020 to increase the state’s minimum wage incrementally beginning at $10 per hour on Sept. 30, 2021 until it reaches $15 per hour in September 2026. It's at $12 as of Jan. 1, 2024.
  • Residents of Nebraska passed legislation to raise the minimum wage there to $15 an hour in 2026, an increase of $6 over the $12.00 minimum in January 2024.

State Minimum Wages vs. Municipal Minimum Wages

Cities and municipalities within a state may set a higher minimum wage for residents who live in areas with higher costs of living. The city of Chicago has had a minimum wage of $15 or $15.80, depending on employer size, as of July 2023. The Illinois state minimum wage is $14 as of Jan. 1, 2024.

Minimum Wage Exceptions

Certain categories of workers are exempt from being covered by minimum wage laws.

Tipped Workers

Low-wage laborers in the United States can be exempt from the minimum wage if a sizable portion of their income is derived fromtips. A lower minimum wage of $2.13 per hour as of January 2024 may apply to tipped employees who regularly receive more than $30 in tips per month or if the total tips retained in addition to the hourly wage rate are equal to or greater than the federal minimum wage.

The employer is expected to compensate the employee for the shortfall if the employee’s total tips and hourly rate fall below the minimum wage.

Students

A full-time student working for a university, retail store, or service establishment cannot be paid less than 85% of the minimum wage. Students can work up to eight hours per day but they can't work more than 20 hours per week when school is in session. Students in technical or vocational programs can't be paid less than 75% of the minimum wage throughout their active enrollment in the program.

Employees Under 20 Years Old

Workers under the age of 20 may be paid $4.25 per hour by federal law until they pass a three-month probationary period. The employer must convert their pay structure to the federal minimum wage rate after that.

Workers With Physical or Mental Disabilities

Workers with physical or mental disabilities can be paid less than the federal minimum wage, according to theterms of the FLSA. Disabilities that can affect production capacity include blindness, cerebral palsy, alcohol and drug addiction, mental illness, and developmental disabilities.

The $15 Minimum Wage

Minimum wage laws were designed to end the exploitation of workforces and ensure that a country's working population doesn't fall below the poverty line. TheFair Labor Standards Act (FLSA) establishes the minimum wage affecting full-time and part-time workers in the private sector and federal, state, and local governments.

Debate surrounds the establishment of a $15 federal minimum wage. President Joe Biden’s American Rescue Plan attempted to raise the minimum but the Biden administration has so far only succeeded in raising the minimum hourly wage of government employees to $15.

Arguments for a $15 Minimum Wage

Proponents argue that an increase in the minimum wage helps meet the goal of a living wage where employees earn enough income for a satisfactorystandard of living. They also claim that a boost increases worker productivity, reduces income inequality, spurs economic growth, and improves employee retention.

$15 Per Hour

Many companies have increased their hourly rate to at least $15 per hour independent of a mandatory federal minimum wage increase. They include Bank of America, Amazon, Costco, Chipotle, CVS, and Starbucks.

Arguments Against a $15 Minimum Wage

Critics argue that companies, not the government, should decide how much their employees are paid and that a minimum wage doesn't always boost the spending power of a population and can instead lead to higher unemployment.

A small change in the price for low-wage labor could have a large effect on employer demand, they say, leading toincreasing unemploymentamong low-wage workers. Critics note that minimum wage laws may also lead to job outsourcing in which companies may decide to move their facilities to countries where labor costs are lower.

Minimum Wage vs. Living Wage

The minimum wage is sometimes contrasted with the living wage, an hourly salary that would allow someone to live comfortably if they are working full time. The minimum wage is established by law but a living wage is calculated based on factors such as average rents, costs of living, transportation, and childcare costs.

The federal minimum wage was much closer to a living wage when it was first established in 1938. The buying power of a minimum wage worker peaked in 1968, according to the Seattle Times. Inflation and price increases after that point caused the real earnings of a minimum wage worker to fall as productivity increased.

What Are Efficiency Wages?

Efficiency wages are the level of wages paid to workers above theminimum wageto retain a skilled and efficient workforce. Efficiency wage theory posits that an employer must pay its workers highly enough that workers are incentivized to be productive and that highly skilled workers don't quit.

Which State Has the Lowest Minimum Wage?

Georgia and Wyoming both have a minimum wage of just $5.15 but employers in these states that are subject to the Fair Labor Standards Act must pay their employees the $7.25 federal minimum wage. The same rules apply to the five states that have no minimum wage: Alabama, Louisiana, Mississippi, South Carolina, and Tennessee.

Is the Minimum Wage Meant to Be a Living Wage?

A living wage is the minimum income deemed necessary for a worker to meet their basic needs. The U.S. poverty level for a family of four was an income of $30,000 in 2023 which works out to $14.42 per hour, well above the minimum wage at the federal level. Critics argue that the federal minimum wage has failed to keep up with the cost of livingsince the late 1960s.

The Bottom Line

The Fair Labor Standards Act (FLSA) established the minimum wage which is $7.25 per hour as of January 2024. The government periodically assesses the federal minimum wage level but the rate has not increased since July 2009.Individual states, cities, and localities can pass minimum wage requirements that are different from the federal rate as long as their rate is higher than the federal minimum wage.

Minimum Wage: Federal vs. State, Exceptions (2024)

FAQs

What are at least two exceptions to the minimum wage? ›

Various minimum wage exceptions apply under specific circ*mstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners.

What is the difference between state and federal minimum wage? ›

Key Takeaways. The minimum wage is a legally mandated base pay for nonexempt hourly workers. The federal minimum wage in the United States as of 2024 is $7.25 per hour. States and local municipalities can set their own minimum wage rates but the state rate must be above the federal rate to qualify for this right.

When federal and state laws differ which minimum wage applies? ›

If the state or local minimum wage is lower than the federal minimum wage, you must pay your employees at least the federal minimum wage rate.

How is it possible for a state to pay less than the federal minimum wage? ›

A state doesn't have to have a minimum wage law, but as of 2021, 29 states and Washington, D.C., did. A state with its own law can make the wage lower, equal to or higher than the federal minimum wage. Federal minimum wage overrides state if the state wage is lower. It doesn't if the state wage is higher.

What if a state's minimum wage is higher than the federal minimum wage? ›

Under the Fair Labor Standards Act (FLSA), the federal minimum wage for covered nonexempt employees is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. Where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher minimum wage rate.

What are 3 arguments for raising minimum wage? ›

Some economists argue that increasing the minimum wage encourages consumer spending, helps families out of poverty, and boosts tax revenue while reducing tax-funded government assistance.

Can states override federal minimum wage? ›

State and local wage laws can sometimes override federal minimum wage laws. For instance, when an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

How many states pay the same as the federal minimum wage? ›

State Minimum Wage Rates in 2023

Overall, 30 states, as well as DC, Puerto Rico, Guam, and the Virgin Islands, have a minimum wage higher than the federal rate. Fifteen states, as well as the Northern Mariana Islands, use the federal minimum wage rate of $7.25 per hour.

Why is minimum wage not enough? ›

California's $16 hourly minimum wage may be much higher than a “poverty wage” by federal standards, but high housing costs still make it difficult for low-wage workers to make ends meet in the state, according to a new report by the nonpartisan Legislative Analyst's Office.

What is the difference between federal and state minimum wage quizlet? ›

Federal minimum wage is established by a country's federal government; state minimum wage must be greater or equal to federal minimum wage.

What state has the highest minimum wage? ›

  • With the federal minimum wage mired at $7.25 an hour since 2009, many cities and states have been taking it upon themselves to set the bar higher. ...
  • Today, the highest minimum wages, by state and Washington, D.C., are in D.C. ($17), Washington ($16.28), California ($16), Connecticut ($15.69) and New Jersey ($15.13).
Jan 25, 2024

Should the government increase the federal minimum wage? ›

In general, increasing the federal minimum wage would raise the earnings and family income of most low-wage workers and thus lift some families out of poverty—but doing so would cause other low-wage workers to become jobless, and their family income would fall.

Can a company pay less than federal minimum wage? ›

Generally, you must pay your employees the Federal minimum wage ($7.25) for all hours worked regardless of whether they are paid by the hour, the day, or at a piece rate. For work performed on or in connection with Federal contracts, your workers must be paid a higher minimum wage.

Why can states have their own minimum wage? ›

States can set their own minimum wages, as long as they conform to federal law. States have the power to determine their own minimum wages. That wage is different based on legislation passed in each specific state, and the federal government does not force them to be uniform in their decisions.

Why can every state have its own minimum wage? ›

Each state's determination of the minimum wage may reflect the politics of the issue but includes other factors, such as the cost of living. State minimum wages are determined by many factors, as long as the wage equals or is above the federal level.

Which of the following conditions exempt an employer from paying the federal minimum wage? ›

Federal law provides minimum wage exceptions under specific circ*mstances for (1) workers with disabilities, (2) full-time students, (3) employees under 20 years old in their first 90 consecutive days of employment, (4) tipped employees, (5) student learners, (6) apprentices, and (7) messengers.

What are some alternatives to minimum wage? ›

Another alternative is a universal basic income from the federal government that covers basic living costs. There are various plans around universal income, from only giving money to those earning below the poverty line to paying every citizen a certain amount of money.

What is the minimum salary exempt in California? ›

Overtime exemption test

To meet the exemption test, an employee must earn no less than two times the state's minimum wage for full-time work. As of Jan. 1, 2024, employees in California must earn an annual salary of no less than $66,560 to meet this threshold requirement.

What is the biggest problem with minimum wage? ›

Minimum Wage Has Not Kept Up With Inflation

While the minimum wage has been adjusted numerous times since its implementation in 1938, it has failed to keep up with inflation and the rising cost of living. The purchasing power of minimum wage reached its peak in 1968 and steadily declined since.

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