Your rights

What is the minimum wage in 2026, and what if you're paid less?

STATEFederal law sets the floor; a higher state or local rate applies on top of it. This page compares California, Texas, Florida and New York; other states set their own rates.Checked by the Justice legal team against official sources · Last reviewed Oct 3, 2026

Key points

The floor: The federal minimum wage is $7.25 an hour. When a state or local law sets a higher rate, you are entitled to the higher one.
2026 rates: California $16.90, Texas $7.25, Florida $15.00 (since September 30, 2026), New York $17.00 in New York City, Long Island and Westchester and $16.00 in the rest of the state.
Tips: Federal law allows a cash wage of $2.13 an hour if tips make up the rest. California allows no tip credit: tips cannot count toward the minimum wage.
Free help: Report unpaid minimum wage to the U.S. Department of Labor, 1-866-487-9243, or to your state labor agency. Filing is free, and retaliation for a complaint is illegal.

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The minimum wage is the lowest hourly pay the law allows, and more than one law can set it. Federal law sets a floor of $7.25 an hour. Many states, and in California some cities and counties, set a higher rate. When more than one applies to you, you are owed the higher one.

Below: the federal rate and the rates in effect today in California, Texas, Florida and New York, with the date each one next changes. Then tipped workers, the few exceptions, how to check your pay and where to report unpaid minimum wage for free. Overtime and final pay have their own guides: unpaid overtime, overtime in California and your final paycheck.

What is the federal minimum wage?

$7.25 an hour. That is the federal minimum wage for covered, nonexempt workers under the Fair Labor Standards Act (FLSA), in effect since July 24, 2009.

If your state pays more, you get the higher rate. Many states also have minimum wage laws. The U.S. Department of Labor says that an employee covered by both state and federal minimum wage laws is entitled to the higher minimum wage. Federal law does not excuse anyone from a state law or city ordinance that sets a higher one.

Tipped employees. The employer may count tips toward the minimum wage but must pay at least $2.13 an hour in direct wages, and must make up the difference when tips fall short. See tipped workers.29 U.S.C. § 203(m) · DOL Handy Reference Guide
Back pay. An employer who breaks the federal minimum wage law is generally liable for the unpaid minimum wages plus an additional equal amount as liquidated damages.29 U.S.C. § 216(b)

Minimum wage by state in 2026: California, Texas, Florida and New York

State	Rate in effect now	Next change	Tipped workers
California	$16.90 an hour since January 1, 2026, for every employer regardless of its number of employees. Lab. Code § 1182.12 · Wage Order MW-2026	$17.40 from January 1, 2027. The rate is adjusted for inflation each year, by no more than 3.5 percent. Labor Commissioner, August 13, 2026	No tip credit. Tips cannot be counted toward the minimum wage. Labor Commissioner FAQ
Texas	$7.25: Texas law adopts the federal minimum wage. Tex. Lab. Code § 62.051	No state schedule: the Texas rate is the federal rate. § 62.051	The federal rule: a cash wage of at least $2.13 if tips make up the rest, for employees who regularly receive more than $20 a month in tips. § 62.052
Florida	$15.00 since September 30, 2026, the last of the yearly $1.00 raises written into the state constitution. Fla. Const. art. X, § 24(c)	From 2027, the rate is recalculated for inflation each September 30, and each new rate takes effect on the following January 1. art. X, § 24(c)	Tips may be counted only up to the federal tip credit allowed in 2003. art. X, § 24(c)
New York	$17.00 in New York City, Long Island and Westchester; $16.00 in the rest of the state (January 1 to December 31, 2026). NYS DOL Fact Sheet P700	No increase on January 1, 2027: the Department of Labor says the rates stay the same. NYS DOL	Hospitality only. Food service workers: $11.35 cash wage in New York City, Long Island and Westchester, $10.70 elsewhere. Service employees: $14.15 and $13.30. NYS DOL Fact Sheet P717

Tip. Some jobs have their own, higher minimum. California has a higher minimum wage for fast food restaurant workers and for certain health care workers. New York sets different rates for some industries, such as home health care aides.

Other states set their own rates and dates. The U.S. Department of Labor keeps a list of state labor offices where you can check yours.

City and county minimum wages

California: yes, some cities and counties set their own. Local governments may enact minimum wage rates, and several have set rates above the state's. The Labor Commissioner says that where a local rate is higher than the state or federal rate, employees must be paid the local rate.

Texas and Florida: no local rate for private jobs. In Texas, the state minimum wage supersedes city and county wage rules for private employment. In Florida, cities and counties may not require private employers to pay a minimum wage other than the state or federal one, though they can set one for their own employees.

New York: the state sets regional rates. New York City (the Bronx, Queens, Richmond, Kings and New York counties), Long Island and Westchester have one rate and the rest of the state another. The rate depends on where you work, not where the employer's main office is.

Tipped minimum wage: the cash wage and the tip credit

Under federal law an employer may count part of a tipped employee's tips toward the minimum wage, called a tip credit. The employer must still pay at least $2.13 an hour in direct wages, and if that plus your tips does not reach the minimum wage, the employer must make up the difference.

California. No tip credit. An employer may not use an employee's tips as a credit toward the minimum wage, so your hourly pay must reach the minimum wage without your tips.Labor Commissioner FAQ
Texas. The federal rule applies: at least $2.13 an hour in cash if tips make up the rest. It covers employees who customarily and regularly receive more than $20 a month in tips.Tex. Lab. Code § 62.052 · 29 U.S.C. § 203(m)
Florida. An employer may count tips only up to the amount of the federal tip credit in 2003, and only for tipped employees who qualify for a tip credit under federal law.Fla. Const. art. X, § 24(c)
New York. Only hospitality employers may take a tip credit. In 2026 the cash wage for food service workers is $11.35 in New York City, Long Island and Westchester and $10.70 in the rest of the state; for service employees it is $14.15 and $13.30. The building service industry gets no tip credit.NYS DOL Fact Sheet P717

Watch out. Your tips are yours. Under federal law an employer may not keep employees' tips for any purpose, or let managers or supervisors keep any part of them, whether or not it takes a tip credit. New York's Department of Labor says the same.

Can anyone be paid less than the minimum wage?

A few workers can be paid less or are not covered, but the exceptions are narrow and differ by state.

Workers under 20, federal law: at least $4.25 an hour during their first 90 consecutive calendar days with an employer. California's minimum wage is the same for adults and minors, and New York has no lower rate for trainees or youth.
Learners in California: a worker with no similar experience may be paid at least 85 percent of the minimum wage, rounded to the nearest nickel, for the first 160 hours of the job.
Jobs the law leaves out. In California, for example, outside salespersons and the employer's parent, spouse or child. In New York, independent contractors who are in business for themselves.

Watch out. An agreement to work for less doesn't count in California. The Labor Commissioner says the minimum wage cannot be waived by any agreement, including collective bargaining agreements.

How to check whether you were paid the minimum wage

Find the rate that applies. Start from where you work: the federal rate, your state's rate and, in California, your city's or county's rate. The higher rate applies.
Count all the hours you worked. Write down every shift, including on-the-job training. In New York, a claim for unpaid wages covers all hours worked, training included.
Compare your pay with the rate for each hour. Piecework and commissions still have to bring you to at least the minimum wage for every hour. If you get tips, your cash wage plus tips must reach it, or the employer makes up the difference (California allows no tip credit).
Read your pay stub. In Texas, the employer must give you a written earnings statement each pay period with your rate of pay, hours worked and deductions. In New York, every rate you earned in the period must appear on your pay stub.
Keep copies. Keep your pay stubs, schedules, messages about your hours and your own notes. You will need them to ask for the difference or to file a claim.

What your employer may say, and what you can say

“You get tips, so your hourly pay is lower.”

In California, you can say: “In California tips can't count toward the minimum wage. Please pay me the full minimum wage for every hour.”

“Tips were slow this week. That's not on us.”

Under federal law, you can say: “When my cash wage plus tips doesn't reach the minimum wage, the employer has to make up the difference.”

“Everyone starts at the training rate.”

In New York, you can say: “New York has no lower minimum wage for trainees. Please pay me the rate for my region.”

“Our main office is upstate, so we pay the upstate rate.”

In New York, you can say: “The minimum wage depends on where I work, not where the main office is.”

“You agreed to this rate when we hired you.”

In California, you can say: “The minimum wage can't be waived by an agreement. Please pay me the difference.”

“Keep complaining and see what happens.”

You can say: “I'm asking for the minimum wage I'm owed. If it isn't paid, I'll file a wage claim.”

Tip. In Florida, before you sue for unpaid minimum wage you must notify the employer in writing: the minimum wage you claim, the actual or estimated dates and hours worked, and the total owed. The employer then has 15 calendar days to pay or resolve it.

Where to report unpaid minimum wage, and how long you have

If…	What to do	Good to know
You worked in California	File a wage claim with the Labor Commissioner's Office: online, by email, by mail or in person. Call 833-526-4636. You can also sue in court for the unpaid balance, interest and attorney's fees.	3 years for minimum wage claims. California's labor laws protect all workers, regardless of immigration status.
You worked in Texas	File a Payday Law wage claim with the Texas Workforce Commission on its official form: in person, by mail, by fax or electronically.	No later than 180 days after the wages were due. The deadline is strict.
You worked in Florida	Florida's minimum wage law is enforced in court: after the written notice described above, you can sue for the unpaid minimum wage. The state Attorney General can also bring a case.	4 years, or 5 for a willful violation. If you win: the back wages, the same amount again as liquidated damages, and reasonable attorney's fees and costs.
You worked in New York	File a claim with the Department of Labor, Division of Labor Standards (form LS 223). For help with the complaint, call 888-525-2267.	The Department helps collect wages for workers who did not get the minimum wage. It does not take claims for wages earned more than three years earlier.
You were paid less than the federal minimum wage, in any state	Contact the U.S. Department of Labor's Wage and Hour Division: 1-866-487-9243. There are no charges to file, and complaints are confidential.	Back wages can generally be recovered for 2 years, or 3 if the violation was willful.

Can my employer punish me for asking or filing a claim?

Federal law. No one may fire or otherwise discriminate against an employee for filing a complaint or testifying about minimum wage. Oral and written complaints are protected, and most courts have ruled that complaints made to the employer are protected too.29 U.S.C. § 215(a)(3) · DOL Fact Sheet #77A
California. An employer may not retaliate, for example by firing a worker who asked why they were not paid the minimum wage or who filed or threatened to file a claim. A retaliation complaint with the Labor Commissioner generally must be filed within one year.Labor Commissioner FAQ · How to file a retaliation complaint
Florida. It is unlawful to retaliate against anyone for exercising minimum wage rights, including filing a complaint or telling someone about their rights.Fla. Const. art. X, § 24(d) · Fla. Stat. § 448.110(5)
New York. No employer may penalize an employee, including by firing, for complaining to the employer or to the Department of Labor about a Labor Law violation.N.Y. Lab. Law § 215 · NYS DOL FAQ

Free help, and do I need a lawyer?

Many workers recover unpaid minimum wage through a free claim with a labor agency. Talk to an employment lawyer or a legal aid office if a lot of money is at stake, your employer disputes your hours, or you were punished for complaining. In California, if the employer appeals a Labor Commissioner award to court, the Labor Commissioner's office may represent a worker who cannot afford a lawyer.

Find free or low-cost legal helpLegal aid and state bar referral services, with first-consultation prices.Unpaid overtimeOvertime pay after 40 hours in a workweek, and how to file a federal complaint.Your final paycheckWhen your last paycheck is due after you quit or lose your job.U.S. Department of Labor, Wage and Hour DivisionMinimum wage, tips and overtime complaints. Call 1-866-487-9243.California Labor Commissioner's OfficeFile a wage claim online, by email, by mail or in person. Call 833-526-4636.Texas Workforce CommissionHow a Payday Law wage claim and appeal work.New York State Department of LaborMinimum wage rates by region and industry, with fact sheets in many languages.

Common questions

What is the federal minimum wage in 2026?

$7.25 an hour, in effect since July 24, 2009. Many states and some cities set a higher minimum wage, and when both state and federal law cover you, you are entitled to the higher rate.

What is the minimum wage in California, Texas, Florida and New York?

California: $16.90 an hour since January 1, 2026, rising to $17.40 on January 1, 2027. Texas: $7.25, the federal rate. Florida: $15.00 since September 30, 2026. New York: $17.00 in New York City, Long Island and Westchester and $16.00 in the rest of the state, with no increase on January 1, 2027.

What is the minimum wage for tipped employees?

Under federal law, at least $2.13 an hour in cash, as long as tips bring you to the full minimum wage; if they don't, the employer must make up the difference. California allows no tip credit at all, and New York sets higher cash wages in the hospitality industry, such as $11.35 an hour for food service workers in New York City in 2026.

When does the minimum wage go up?

It depends on the state. California adjusts its rate for inflation each year, effective January 1; it rises to $17.40 on January 1, 2027. Florida raised its rate every September 30 until it reached $15.00 in 2026; from 2027 it is recalculated for inflation, and each new rate takes effect the following January 1. New York's rate stays the same on January 1, 2027. Texas pays the federal rate.

Can I be paid less than the minimum wage?

Only in narrow cases the law sets. Federal law allows $4.25 an hour for workers under 20 during their first 90 days on the job, and California allows learners 85 percent of the minimum wage for their first 160 hours. An agreement to work for less doesn't count in California: the minimum wage cannot be waived by any agreement.

How do I report an employer not paying minimum wage?

Call the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243, or file with your state. In California, file a wage claim with the Labor Commissioner. In Texas, file a Payday Law wage claim with the Texas Workforce Commission within 180 days. In New York, file a claim with the Department of Labor. In Florida, the state law is enforced in court after a written notice to the employer. Your employer may not retaliate against you for complaining.

Official sources

U.S. Department of Labor: Wages and the Fair Labor Standards Act dol.gov
U.S. Department of Labor: Handy Reference Guide to the Fair Labor Standards Act dol.gov
U.S. Department of Labor: How to file a complaint dol.gov
U.S. Department of Labor: Complaints and the investigation process (FAQ) dol.gov
U.S. Department of Labor: Fact Sheet #77A, prohibiting retaliation under the FLSA dol.gov
U.S. Department of Labor: State labor offices dol.gov
29 U.S.C. § 206: minimum wage govinfo.gov
29 U.S.C. § 203: definitions, including tipped employees and tips govinfo.gov
29 U.S.C. § 218: relation to other laws (higher state and local minimum wages) govinfo.gov
29 U.S.C. § 215: prohibited acts, including retaliation govinfo.gov
29 U.S.C. § 216: penalties, back wages and liquidated damages govinfo.gov
29 U.S.C. § 255: statute of limitations govinfo.gov
California Labor Commissioner: Minimum wage (FAQ) dir.ca.gov
California Minimum Wage Order MW-2026 (PDF) dir.ca.gov
California Labor Commissioner: California's minimum wage set to increase to $17.40 per hour on January 1, 2027 dir.ca.gov
California Labor Code § 1182.12: the statewide minimum wage and its yearly adjustment leginfo.legislature.ca.gov
California Labor Code § 1194: suing for unpaid minimum wage leginfo.legislature.ca.gov
California Labor Code § 1197: the state or local minimum wage leginfo.legislature.ca.gov
California Labor Commissioner: How to file a wage claim dir.ca.gov
California Labor Commissioner: How to file a retaliation complaint dir.ca.gov
Texas Labor Code, Chapter 62: Texas Minimum Wage Act tcss.legis.texas.gov
Texas Labor Code, Chapter 61: payment of wages (Texas Payday Law) tcss.legis.texas.gov
Texas Workforce Commission: Wage claim and appeal process in Texas twc.texas.gov
Florida Constitution, Article X, Section 24: Florida minimum wage flsenate.gov
Florida Statutes § 448.110 (2026): Florida Minimum Wage Act flsenate.gov
Florida Statutes § 218.077 (2026): no local minimum wage for private employers flsenate.gov
New York State Department of Labor: Minimum wage dol.ny.gov
New York State Department of Labor: Fact Sheet P700, general minimum wage (PDF) dol.ny.gov
New York State Department of Labor: Fact Sheet P717, minimum wage for tipped workers (PDF) dol.ny.gov
New York State Department of Labor: Minimum wage FAQ dol.ny.gov
New York State Department of Labor: Wages and hours FAQ dol.ny.gov
New York State Department of Labor: Unpaid or withheld wages and wage supplements dol.ny.gov

This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.