When does the law regarding 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.

Pennsylvania Minimum Wage Laws (2026)

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 are the common mistakes to avoid regarding 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.

Researched by Ahmed R. J. Alsaedi, Founder & Head Researcher

Primary sources cited; not legal advice.

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

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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Pennsylvania Law

How Pennsylvania differs from federal law

Pennsylvania's minimum wage matches the federal floor, but the state has a strong Wage Payment and Collection Law and Philadelphia adds important municipal protections:

Standard minimum wage: $7.25/hr — same as federal; no state increase since 2009 despite repeated legislative proposals.
Tipped employees: $2.83/hr cash wage; tips must bring total to $7.25/hr.
PA Wage Payment and Collection Law (43 P.S. § 260.1 et seq.): employers must pay all wages owed on regular paydays. Liquidated damages under § 260.10 = 25% of unpaid wages or $500, whichever is greater, on willful failure to pay 30 days after due. Reasonable attorney's fees recoverable.
Philadelphia minimum wage ordinance (Phila. Code § 17-1300): $15.00/hr for employees of City contractors, subcontractors, and recipients of City financial aid. Annual CPI adjustments.
Philadelphia Fair Workweek Ordinance (Phila. Code § 9-4600, in force April 2020): retail, food service, and hospitality employers with 250+ employees globally must give 14-day advance notice of schedules, owe predictability pay for last-minute changes, and must respect a 9-hour rest period between shifts ('right to rest'). Enforced by the Philadelphia Department of Labor.
PA Supreme Court 2019-2020 wage rulings: Heimbach v. Amazon, 235 A.3d 1280 (Pa. 2020) — Pennsylvania's Minimum Wage Act covers more activity as compensable time than the federal FLSA (security screening at warehouses). Chevalier v. General Nutrition Centers, 220 A.3d 1038 (Pa. 2019) — struck down fluctuating workweek pay under the PMWA. Both rulings give PA workers leverage federal law doesn't.

Note: If you work in Philadelphia, the Fair Workweek + contractor wage rules are real and enforced — check phila.gov/labor-standards.

Additional Steps in Pennsylvania

File wage complaints with the Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance, or the federal DOL Wage and Hour Division. Pennsylvania also allows private civil actions for unpaid minimum wages.

Relevant Law: Pennsylvania Minimum Wage Act, 43 P.S. § 333.104.

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 theftWhen an employer fails to pay the wages legally owed — including unpaid overtime, off-the-clock work, kept tips, or below-minimum-wage pay. It is illegal under federal and state wage-and-hour laws. 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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Common Questions

What is the minimum wage where I work?

It's the higher of the federal $7.25 per hour and your state or city rate. Many states and cities are well above the federal floor, with some at $15 or more. Check your state's section above for the current figure and how it's enforced.

Can a city set a higher minimum wage than the state?

In many states, yes — cities like New York, Chicago, and Seattle set local minimums above the state rate. But some states, such as Texas, preempt local wage laws, so the state rate applies statewide. Your state's section above notes whether local rates apply.

What can I recover if I'm paid below minimum wage?

You can generally recover the unpaid difference as back wages, and many states add liquidated damages — often doubling the amount — plus attorney's fees. Deadlines to file typically range from about two to six years. Your state's section above shows the recovery rules where you work.

Does the minimum wage apply to tipped workers?

Yes. An employer may pay a lower cash wage to tipped workers, but your cash wage plus tips must still reach at least the full minimum wage. If it doesn't, the employer owes you the difference. See the tip and wage-theft guide for more detail.

Minimum Wage in other states

Same topic, different jurisdiction. Pick the one that applies to you.

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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.

Pennsylvania

StatutePennsylvania Minimum Wage Act, 43 P.S. § 333.104
Agency guidancePennsylvania Dept of Labor & Industry — wage guidance
StatuteFair Labor Standards Act, 29 U.S.C. § 206

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.