The federal minimum wage for 2026 is $7.25 per hour, set by the Fair Labor Standards Act. It has not changed since July 24, 2009. When a state or city sets a higher minimum, employers there have to pay the higher rate, so the federal figure works as a national floor.
When a state or local minimum wage is higher than the federal rate, employers must pay the higher rate. The federal $7.25 is the floor.
Wage rates for 2026
Overtime & premium pay
| Type | Requirement |
|---|---|
| Weekly | 40 hours (1.5x) |
Under the Fair Labor Standards Act, covered nonexempt employees must receive overtime at one and one-half times their regular rate for hours worked over 40 in a workweek.
Special wage rules
Rates that differ from the standard minimum
- Tipped employees: federal cash wage of $2.13/hour with a maximum tip credit of $5.12, as long as tips bring the worker to $7.25.
- Full-time students, student learners, and certain workers with disabilities may be paid subminimum rates under special certificates.
Related labor laws
Paid sick leave
No general federal paid sick leave law covers private-sector workers (federal contractors are an exception).
Overtime
Overtime is required after 40 hours (1.5x) in a week. Under the Fair Labor Standards Act, covered nonexempt employees must receive overtime at one and one-half times their regular rate for hours worked over 40 in a workweek.
Pay frequency & final paycheck
Rules for how often employees must be paid and when a final paycheck is due vary by state. Confirm the current requirements with the U.S. Department of Labor, Wage and Hour Division.
Meal & rest breaks
Whether a meal break or paid rest break is required is set by each state, and whether that time is paid, follows federal rules.
Time off to vote
Whether employees get time off to vote, and whether it is paid, is set by each state, not federal law.
Jury duty
Your job is protected during jury service in every state. Whether the employer must pay you depends on the state.
Bereavement leave
Only six states require bereavement or funeral leave; there is no federal mandate. Many employers offer it voluntarily.