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Minimum wage state and local resources

If you've set up FLSA tip credits, beginning October 1, 2019, whenever local or state laws mandate a minimum wage increase, Gusto will let you know a month in advance.    

Then, to help you stay compliant, we’ll automatically adjust the minimum wage in Gusto when it takes effect. 

Use the table below to visit your state or locality's resource page:

Last updated 9/5/19 

State

Resource(s)

Additonal Information

Alabama

Not applicable

  • Alabama does not have a state minimum wage.
Alaska

Alaska

  • Employers must pay tipped employees full state minimum wage before tips. Youth/subminimum wage not allowed. Statute 23.10.050 - 23.10.150
Arizona

Arizona

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Youth/subminimum wage not allowed. Statute 23-363

Flagstaff

  • Employees expected to work 25 hours or more in any given calendar year within the city limits are required to be paid no less than the current hourly minimum wage. For 2021 and beyond, employers must pay the city minimum wage or $2.00 above the State of Arizona minimum wage, whichever is higher. The cash wage will be reduced by $.50 beginning 2022 until it is eliminated. Flagstaff Title 15-01
Arkansas

Arkansas

  • The Arkansas Minimum Wage Act covers employers with 4 or more employees. Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Ark. Code Ann. § 11-4-210
California

California

  • The minimum wage scheduled increases are delayed by one year for employers with 25 or fewer employees. Employers must pay tipped employees full state minimum wage before tips.
    Cal. Lab. Code §§ 1182, 1182.12; Cal. Code Regs. tit. 8, § 11010; Calif. M.W.-2017

Alameda

  • The minimum wage applies to all employers and employees who work two (2) hours or more a week within the boundaries of the City of Alameda. Alameda, CA Code of Ordinances 4-60

Belmont

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. BCC Chapter 32

Berkeley

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. BMC Chapter 13.99

Cupertino

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Cupertino Statutes 3.37

Daly City

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Chapter 8.76

El Cerrito

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. El Cerrito Municipal Code Chapter 6.95

Emeryville

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Ordinance 5.37

Fremont

  • The minimum wage scheduled increases are delayed by one year for employers with 25 or fewer employees. Employers must pay tipped employees full state minimum wage before tips. Fremont Municipal Code Chapter 5.30

Los Angeles

  • Hotels with 150 or more rooms; hotel employees only. LAMC Ch.XVIII, Article 6

Los Angeles County

  • All employers in the unincorporated areas of L.A. County must post the required workplace poster and pay the increased minimum wage, with few exceptions.Employers, with 26 employees or more, are subject to a higher minimum wage than employers, with 25 employees or less; until 2021 at which time both rates will be $15.00/hr. CA Code of Ordinance Ch. 8.100

Los Altos

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Los Altos Municipal Code 3.50

Malibu

  • The minimum wage scheduled increases are delayed by one year for employers with 25 or fewer employees. Employers must pay tipped employees full state minimum wage before tips. Malibu Municipal Code Chapter 5.36

Mountain View

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Section 42.14 of the Mountain View City Code

Milpitas

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Milpitas Municipal Code III-31

Oakland

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Oakland Municipal Code section 5.92.020

Palo Alto

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Palo Alto Municipal Code section 4.62

Pasadena

  • Employers, with 26 employees or more, are subject to a higher minimum wage than employers, with 25 employees or less. Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Pasadena Municipal Code Chapter 5.02

Redwood City

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Redwood City Municipal Code Chapter 46

Richmond

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Richmond Municipal Code Chapter 7.108

San Diego

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. San Diego Municipal Code (SDMC) Chapter 3, Article 9, Division 1

San Francisco

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. San Francisco Administrative Code, Chapter 12R

San Jose

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. San Jose Municipal Code Chapter 4.100

San Leandro

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. San Leadro Municipal Code Chapter 4-35

San Mateo

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. San Mateo Municipal Code Chapter 5.92

Santa Clara

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Santa Clara Municipal Code Chapter 3.20

Santa Monica

  • Employers of Santa Monica must pay the local minimum wage based on the following:
    • Businesses with 26 or more employees
    • Businesses with 25 or fewer employees
    • Hotels

Sonoma

  • Employers of Santa Monica must pay the local minimum wage based on the following:
    • Businesses with 26 or more employees
    • Businesses with 25 or fewer employees
  • Sonoma Municipal Code Chapter 2.80

Sunnyvale

  • Employers must pay tipped employees full local minimum wage before tips. Youth/subminimum wage not allowed. Sunnyvale Municipal Code Chapter 3.80.040
Colorado

Colorado

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Youth minimumm wage is 15% of state minimum wage. Colo. Rev. Stat. §§ 8-6-106, 8-6-109
Connecticut

Connecticut

  • The 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.
  • Employers of hotel restaurant workers may take a maximum tip credit of 36.8% of min wage and for bartenders a maximum tip credit of 18.5% of min wage.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Youth minimumm wage is 85% of state minimum wage. Conn. Gen. Stat.§§ 31-58, 31-60
Delaware

Delaware

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Del. Code Ann. tit. 19, § 902
Florida

Florida

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Fla. Stat. §§ 448.109, 448.110
Georgia

Georgia

  • Employees covered under the federal Fair Labor Standards Act are subject to the federal minimum wage, but those not covered under the FLSA may be paid the state minimum wage.
  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. Ga. Code Ann. § 34-4-3
Hawaii

Hawaii

  • Excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act, if the State wage is higher than the Federal wage.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Haw. Rev. Stat. § 387-2
Idaho

Idaho

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Idaho Code Ann. § 44-1502
Illinois

Illinois

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act.
  • Credits for tips may not exceed 40% of the applicable minimum wage. 20 Ill. Comp. Stat. 105/3, 105/4, 175/30

Chicago

  • Employers operating within Chicago and/or working within Chicago are subject to the minimum wage law. Chi., Ill., Mun. Code, tit. 1

Cook County

  • Employers operating within Cook County and/or working within the county are subject to the minimum wage law. Cook County Ordinance 16-5768
Indiana

Indiana

  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. Ind. Code § 22-2-2-4
Iowa

Iowa

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Iowa Code Ann. § 91D.1
Kansas

Kansas

  • Excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act, if the state minimum wage is higher than the federal minimum wage.
  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. Kan. Stat. Ann. § 44-1203
Kentucky

Kentucky

  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. Ky. Rev. Stat. Ann. § 337.275
Louisiana

Not applicable

  • Louisiana does not have a state minimum wage.
Maine

Maine

  • The minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Me. Rev. Stat. Ann. tit. 26, § 664

Portland

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Portland Munipal Code Ann. Chapter 33
Maryland

Maryland

  • For small employers (14 or fewer employees), the schedule of increases to $15.00/hr is extended out until 7/1/26.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Md. Code Ann., Lab. & Empl.§§ 3-413, 3-501

     

Montgomery County

  • Montgomery County large employers, with 51 or more employees, are subject to a higher minimum wage than Montgomery County small to mid-sized employers, with 50 or fewer employees.
  • Small employers with 10 or less employees will be subject to a minimum wage of $13.00 on 7/1/20. Chapter 27, Article XI, Montgomery County Code

Prince George's County

  • Beginning 1/1/21, all employers must pay Maryland's state minimum wage. Prince George's County Division 2 - 13A
Massachusetts

Massachusetts

  • The 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.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Mass. Gen. Laws ch. 151, § 1
Michigan

Michigan

  • Excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act, if the State wage is higher than the Federal wage.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. §§ 408.411, 408.412, 408.413, 408.414b, § 408.414c
Minnesota

Minnesota

  • Large employers, with an annual sales volume of $500,000 or more, are subject to the higher minimum wage; small employers, those with an annual sales volume of less than $500,000, are subject to the smaller minimum wage.
  • Employers must pay tipped employees full state minimum wage before tips. Minn. Stat. § 177.24

Minneapolis

  • Minneapolis large employers, with more than 100 employees, are subject to a higher minimum wage than Minneapolis small employers, with 100 or fewer employees.
  • Small employers will be subject to a minimum wage of $14.50 on 7/1/23 and will equal to the large business minimum wage on 7/1/24. Minneapolis Code of Ordinances Title 2, Chapter 40, Article IV

Saint Paul

  • Employers of Saint Paul must pay the local minimum wage based on the following:
    • Businesses with 10,000 or more employees
    • Businesses with fewer than 10,000 employees
    • Businesses with fewer than 100 employees
    • Businesses with fewer than 5 employees
Mississippi

Not applicable

  • Mississippi does not have a state minimum wage.
Missouri

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. Excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Mo. Rev. Stat. § 290.502
Montana

Montana

  • Businesses with gross annual sales of $110,000 or less must pay employees a minimum wage of $4.00/hr.
  • Employers must pay tipped employees full state minimum wage before tips. Mont. Code Ann. §§ 39-3-404, 39-3-409
Nebraska

Nebraska

  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. Neb. Rev. Stat. §§ 48-1202, 48-1203

Nevada

Nevada

  • Employers offering health benefits can pay minimum wage of $7.25/hr.
  • Employers must pay tipped employees full state minimum wage before tips. Nev. Admin. Code Ch. 608, §§ 2 to 9
New Hampshire

New Hampshire

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act.
  • The cash wage is 45% of the applicable minimum wage. N.H. Rev. Stat. Ann. § 279:21
New Jersey

New Jersey

  • For small employers (6 or fewer employees), the schedule of increases to $15.00/hr is extended out until 2026.
  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. N.J. Stat. Ann. § 34:11-56a4
New Mexico

New Mexico

  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. N.M. Stat. Ann. § 50-4-22

Albuquerque

  • The minimum wage allows for employers to pay a lower minimum wage if the employer provides healthcare and/or childcare benefits to the employee during any pay period and the employer pays an amount for these benefits equal to or in excess of an annualized cost of $2,500.00. Albuquerque Code of Ordinances § 13-12

Bernalillo County

  • Uses the federal cash wage for tipped employees. Bernalillo County Code § 2-218

Las Crucas

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Las Cruces 14.62

Sante Fe

  • The City of Santa Fe shall pay the minimum wage to all full-time permanent workers employed by the City. Santa Fe 28-1

Sante Fe County

  • For businesses located throughout Santa Fe County, outside of the incorporated boundaries of the City of Santa Fe, City of Española and the Town of Edgewood. NMSA 1978, Section 4-37
New York

New York State

  • The new minimum wage varies across the state based on geographical location and, in New York City, employer size.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. N.Y. Lab. Law § 652; N.Y. Codes, Rules, & Regs. tit. 12, §§146-1.2

New York City

  • NYC large employers, with 11 or more employees, are subject to a higher minimum wage than NYC small employers, with 10 or fewer employees. N.Y. Lab. Law § 652; N.Y. Codes, Rules, & Regs. tit. 12, §§146-1.2

Long Island and Westchester

  • NYC large employers, with 11 or more employees, are subject to a higher minimum wage than NYC small employers, with 10 or fewer employees. N.Y. Lab. Law § 652; N.Y. Codes, Rules, & Regs. tit. 12, §§146-1.2
North Carolina

North Carolina

  • Tip credit is not permitted unless the employer obtains from each employee, either monthly or each pay period, a signed certification of the amount of tips received. State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. N.C. Gen. Stat. §§ 95-25.2, 95-25.14
North Dakota

North Dakota

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. N.D. Admin. Code § 46-02-07-02
Ohio

Ohio

  • Employers grossing annual sales of $299,000 or less must pay employees a minimum wage of $7.25/hr.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Ohio Rev. Code Ann. § 4111.02
Oklahoma

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. Excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Okla. Stat. tit. 40, §§ 197.2, 197.5
Oregon

Oregon

  • In addition to the new standard minimum wage rate, there is a higher rate for employers located in the urban growth boundary, and a lower rate for employers located in nonurban counties.
  • Employers must pay tipped employees full state minimum wage before tips. Or. Rev. Stat. §§ 651.060; 653.010; 653.020; 653.025; 653.040

Portland Metro

  • In addition to the new standard minimum wage rate, there is a higher rate for employers located in the urban growth boundary, and a lower rate for employers located in nonurban counties.
  • Beginning 2023, the Portland Metro minimum wage rate will be $1.25 over the standard minimum wage. Or. Rev. Stat. §§ 651.060; 653.010; 653.020; 653.025; 653.040

Nonurban Counties

  • In addition to the new standard minimum wage rate, there is a higher rate for employers located in the urban growth boundary, and a lower rate for employers located in nonurban counties.
  • Beginning 2023, the minimum wage rate in nonurban counties will be $1.00 less than the standard minimum wage. Or. Rev. Stat. §§ 651.060; 653.010; 653.020; 653.025; 653.040
Pennsylvania

Pennsylvania

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. 43 Pa. Stat. § 333.104
Rhode Island

Rhode Island

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. R.I. Gen. Laws § 28-12-3
South Carolina

Not applicable

  • South Carolina does not have a state minimum wage.
South Dakota

South Dakota

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. S.D. Codified Laws §§ 60-11-3, 60-11-3.1, § 60-11-3.2
Tennessee

Not applicable

  • Tennessee does not have a state minimum wage.
Texas

Texas

  • Excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.
  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. Tex. Lab. Code Ann. § 62.051
Utah

Utah

  • Excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.
  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. Utah Code Ann. § 34-40-103
Vermont

Vermont

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Vt. Stat. Ann. tit. 21, § 384
Virginia

Virginia

  • Excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act.
  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. Va. Code Ann. § 40.1-28.10
Washington

Washington

  • Employers must pay tipped employees full state minimum wage before tips. Wash. Rev. Code § 49.46.020

SeaTac

  • Employers in the hospitality and transportation industry within the boundaries of SeaTac must pay employees a minimum wage set by the city manager.
  • Employers must pay tipped employees full state minimum wage before tips. SMC 7.45.050

Seattle

  • Small employers' (500 or fewer EEs) medical benefit payments may be counted toward an employee's minimum wage.
  • Only small employers may use tips to count towards the minimum wage. SMC 14.19 (Chapter 90)

Tacoma

  • Employers must pay tipped employees full state minimum wage before tips. TMC 18.20
Washington D.C.

District of Columbia

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. D.C. Code Ann. §§ 32-1003, 32-1015
West Virginia

West Virginia

  • The state minimum wage law applies only to employers with six or more employees and to state agencies.
  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. W. Va. Code § 21-5C-2; W.Va. Code St. R. § 42-5-7
Wisconsin

Wisconsin

  • Employers must pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act. Wis. Admin. Code §§ 272.03, 272.05, 272.07, 272.08
Wyoming

Wyoming

  • State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act. Wyo. Stat. Ann. § 27-4-202

 

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