When does minimum wage apply?

You're covered if:You work for an employer covered by the FLSA (almost every business of any size).You're at least 20 — workers under 20 can be legally paid $4.25/hr for their first 90 calendar days on the job.You're not a full-time student or trainee on a special DOL subminimum-wage certificate.Three things people get wrong:"Only my state's minimum wage matters." You get the highest of federal, state, or local — period. A Seattle barista is owed Seattle's rate, not Washington's, and not $7.25."Undocumented workers don't have minimum wage rights." Flat wrong. The FLSA covers every worker regardless of immigration status, and the DOL has confirmed this in writing for decades."Independent contractors don't get minimum wage." True for actual contractors — but misclassification is rampant. If your boss controls when, where, and how you work, you're probably an employee in the eyes of the law, no matter what the 1099 says.

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Minimum Wage in North Dakota

Q: What should I do if my employer is paying me less than minimum wage?

Step 1: Look up your real number. Check your state and your city — the local rate often beats both. The DOL keeps a state-by-state table, and big cities post their own.Step 2: Do the division. Total weekly pay ÷ total hours worked = your actual hourly rate. If it lands below the floor, you have a claim, and the math itself is your evidence.Step 3: Save everything. Pay stubs, schedules, screenshots of scheduling apps, your own time log. Anything with a date.Step 4: File. The DOL Wage and Hour Division handles federal claims; your state labor department often moves faster on state-rate violations. Most wage attorneys take these cases on contingency.

Q: What should you NOT do about minimum wage?

Don't roll over on illegal deductions. Your employer can't dock you for till shortages, broken dishes, walkout customers, or uniforms if doing so drops you below minimum wage. They get sued over this constantly.Don't let tip-credit math slide. If you're tipped and a slow shift means tips + $2.13 base didn't hit $7.25, your employer owes you the difference for that shift.Don't sign anything that says you'll work below the minimum. Such waivers are unenforceable under federal law — you can't contract around the FLSA.

By Ahmed Alsaedi, Founding Editor

Source: Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 — Federal minimum wage established 1938, last increased in 2009 to $7.25/hour (unchanged for 17 years as of 2026).

About this article

Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

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North Dakota Law

How North Dakota differs from federal law

North Dakota's minimum wage matches the federal minimum:

$7.25/hr — the federal minimum wage, which North Dakota has adopted
North Dakota allows a tip credit — tipped employees can be paid 33% less than the minimum wage if tips bring total to $7.25/hr
There is no separate youth minimum wage beyond federal provisions
Despite the oil boom, North Dakota has not raised its minimum wage above federal levels
Market wages in the western oil fields are significantly above the minimum wage

Additional Steps in North Dakota

File wage complaints with the North Dakota Department of Labor at (701) 328-2660 or nd.gov/labor.

Relevant Law: N.D. Cent. Code § 34-06-22 (minimum wage). Federal FLSA, 29 U.S.C. § 206.

Federal baseline: Minimum Wage nationwide

What is this right?

The federal floor is $7.25 an hour. It's been there since July 24, 2009 — the longest stretch the U.S. has gone without a raise since the minimum wage was created in 1938. Inflation has eaten roughly 30% of its purchasing power in that time, which is why so many states and cities pulled away years ago.

You're owed whichever number is highest where you work — federal, state, or local. As of 2026, that's $16.50 in California for most employers, $15+ in New York, Washington, Massachusetts, and Connecticut, and over $19 in cities like Seattle and Emeryville. The $7.25 federal rate is still the actual minimum in about 20 states.

Tipped workers see a different number on the federal side — $2.13/hour base — but your tips plus base have to add up to at least $7.25 across the workweek. If they don't, your employer is legally required to make up the gap. Quietly skipping that math is one of the most common forms of wage theft the DOL investigates.

When does it apply?

You're covered if:

You work for an employer covered by the FLSA (almost every business of any size).
You're at least 20 — workers under 20 can be legally paid $4.25/hr for their first 90 calendar days on the job.
You're not a full-time student or trainee on a special DOL subminimum-wage certificate.

Three things people get wrong:

"Only my state's minimum wage matters." You get the highest of federal, state, or local — period. A Seattle barista is owed Seattle's rate, not Washington's, and not $7.25.
"Undocumented workers don't have minimum wage rights." Flat wrong. The FLSA covers every worker regardless of immigration status, and the DOL has confirmed this in writing for decades.
"Independent contractors don't get minimum wage." True for actual contractors — but misclassification is rampant. If your boss controls when, where, and how you work, you're probably an employee in the eyes of the law, no matter what the 1099 says.

What to Do If Your Employer Pays Below Minimum Wage

Step 1: Look up your real number. Check your state and your city — the local rate often beats both. The DOL keeps a state-by-state table, and big cities post their own.

Step 2: Do the division. Total weekly pay ÷ total hours worked = your actual hourly rate. If it lands below the floor, you have a claim, and the math itself is your evidence.

Step 3: Save everything. Pay stubs, schedules, screenshots of scheduling apps, your own time log. Anything with a date.

Step 4: File. The DOL Wage and Hour Division handles federal claims; your state labor department often moves faster on state-rate violations. Most wage attorneys take these cases on contingency.

What should you NOT do?

Don't roll over on illegal deductions. Your employer can't dock you for till shortages, broken dishes, walkout customers, or uniforms if doing so drops you below minimum wage. They get sued over this constantly.

Don't let tip-credit math slide. If you're tipped and a slow shift means tips + $2.13 base didn't hit $7.25, your employer owes you the difference for that shift.

Don't sign anything that says you'll work below the minimum. Such waivers are unenforceable under federal law — you can't contract around the FLSA.

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Minimum Wage in other states

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Every reference below links to its primary source — the statute book, regulator, or court — and carries a verification date. See our citation methodology for how this works.

North Dakota

StatuteN.D. Cent. Code § 34-06-22 — Minimum Wage
Agency guidanceNorth Dakota Department of Labor — Minimum Wage
Agency guidanceDOL — Minimum Wage

Federal

StatuteFair Labor Standards Act § 6 (minimum wage)
Sets the federal minimum wage at $7.25/hr (since July 2009) and the tipped minimum at $2.13/hr.
Regulation29 C.F.R. Part 531 (wages, tips, deductions)
Governs the FLSA tip credit, what counts toward minimum-wage compliance, and lawful deductions.
Agency guidanceDOL — State Minimum Wage Laws
Official cross-jurisdiction table; you are entitled to the higher of federal, state, or local rate.