New Hampshire
New Hampshire Minimum Wage (2027): Still $7.25 an Hour
Independently fact-checked against primary sources (last audited September 30, 2026). · Law checked current as of November 7, 2026. · 4 primary sources cited on this page. How we verify our legal content
New Hampshire's minimum wage is $7.25 per hour. The state has no dollar figure of its own: RSA 279:21 says no employer may pay less than the rate in the federal minimum wage law, "as amended," and the federal rate has been $7.25 since July 24, 2009. No increase is scheduled in New Hampshire law, and the state rate changes only if Congress changes the federal one.
Information last verified on September 29, 2026, with the 2027 section checked on 2026-11-07. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the New Hampshire minimum wage statute (RSA 279:21 and related sections of RSA chapter 279) and the federal Fair Labor Standards Act (FLSA) minimum wage overlay. It does not cover overtime rules in detail or the laws of other states. For the federal rule, see the federal minimum wage guide.
New Hampshire minimum wage in 2027: what changes January 1
New Hampshire's minimum wage will still be $7.25 per hour on January 1, 2027. No change is scheduled as of November 6, 2026.
Status as of November 6, 2026: no change scheduled under the law in force. RSA 279:21 sets no dollar figure of its own; it bars paying less than the rate "set forth in the federal minimum wage law, as amended," and the federal rate is still $7.25 on the U.S. Department of Labor's tipped-employee table, last revised November 5, 2026. The official RSA 279:21 text shows no amendment after a 2021 act in its source note.
The tipped base rate stays at not less than 45 percent of the applicable minimum wage, and the 75 percent rates for workers 16 or under and for workers with less than 6 months of experience also stay in place, because RSA 279:21 states them as percentages with no dated change. A 2026 House bill to set a separate state minimum wage with yearly increases, HB 1484, died on the table when the session ended on August 19, 2026, so it is not law. This page did not search other 2026 bills; the state rate would move only with a federal change or a new state law.
What is the minimum wage in New Hampshire?
New Hampshire's minimum wage is $7.25 per hour. RSA 279:21 provides that "no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended." The dollar figure comes from the federal statute, 29 U.S.C. 206(a)(1)(C), and the U.S. Department of Labor states that the federal minimum wage for covered nonexempt employees is $7.25 per hour effective July 24, 2009.
Because the state law incorporates the federal law by reference, it has no separate schedule and no indexing. If Congress raises the federal minimum wage, New Hampshire's rate rises with it. The Department of Labor notes that the federal wage does not increase automatically; Congress must pass a bill and the President must sign it. For the federal rules on coverage and exemptions, see the federal minimum wage guide.
Will the New Hampshire minimum wage go up?
Not under current law. The official RSA 279:21 text still contains only the federal-reference language, and its source history ends in 2021, so the state rate changes only if the federal rate changes or the legislature passes, and the governor signs, a new law.
Tipped employees
New Hampshire sets the tipped base rate as a percentage, not a dollar amount. Under RSA 279:21, tipped employees of a restaurant, hotel, motel, inn or cabin, or ballroom who customarily and regularly receive more than $30 a month in tips directly from customers may be paid a base rate of not less than 45 percent of the applicable minimum wage. The employer must make up any shortfall at the end of each pay period, so that base pay plus tips reaches the full minimum wage.
The statute also contains a second version of this paragraph that takes effect if the federal minimum wage rises above the rate in effect on July 23, 2021. That version would change the base rate formula and add cigar bars. The federal rate is still $7.25, so the 45 percent version applies today.
Federal tipped rules also apply to covered workers. The FLSA lets an employer take a tip credit only if the employee has been informed of the rules and keeps all tips, except for pooling among employees who customarily and regularly receive tips, and an employer may not keep tips for any purpose, including letting managers or supervisors keep a share (29 U.S.C. 203(m)(2)).
Youth, training and excluded workers
RSA 279:21 allows two lower rates, each at not less than 75 percent of the applicable minimum wage:
- Less than 6 months of experience. The limits do not apply to a person with less than 6 months' experience in an occupation, provided the employer files an application with the labor commissioner within 10 days after hire (RSA 279:21, IV).
- Age 16 or under. A person 16 years of age or under may not be paid less than 75 percent of the minimum wage, and the employer must keep evidence of age on file (RSA 279:21, V).
RSA 279:21 also excludes several groups from its limitations: household and domestic labor, farm labor, outside salesmen, employees of summer camps for minors, newsboys, non-professional ski patrolmen, golf caddies and ski-area guest-relations employees. RSA 279:1, V excludes domestic service in the employer's home and farm labor from the definition of occupation.
How New Hampshire and federal law interact
New Hampshire's rate equals the federal rate, so the two laws give the same number for most workers. Under 29 U.S.C. 218(a), a higher standard set by any federal or state law, or by a municipal ordinance, is not excused by the FLSA, and the Department of Labor says the employee is entitled to the higher rate. The FLSA can still cover a worker whom the state statute excludes, such as some employees of enterprises with annual business of at least $500,000 or workers engaged in interstate commerce, subject to the FLSA's own exemptions. New Hampshire workers near the border may also want to compare the Massachusetts minimum wage.
What to do if you are paid less than the minimum wage
Wage complaints in New Hampshire go to the New Hampshire Department of Labor. Under the statute:
- Civil action. Under RSA 279:29, an employee may sue for the full amount of the unpaid minimum wage less any amounts paid, plus costs and reasonable attorney's fees. The commissioner may take an assignment of the wage claim. RSA 279:29 states no liquidated damages.
- Criminal penalties. Under RSA 279:28, II, paying below the minimum wage is a misdemeanor if the violator is a natural person and a felony if it is any other person. Each week and each employee is a separate offense.
- Records. Under RSA 279:27, employers must keep records for 3 years.
An employee covered by the FLSA also has federal remedies: unpaid minimum wages plus an equal amount as liquidated damages and attorney's fees (29 U.S.C. 216(b)), a two-year limit that extends to three years for a willful violation (29 U.S.C. 255(a)), and protection from retaliation for filing a complaint (29 U.S.C. 215(a)(3)). For the general process, see the guide to filing a claim for unpaid wages, and use the overtime calculator if hours beyond 40 a week are involved.
Common misunderstandings
New Hampshire does not have its own wage above the federal rate. Its tipped wage is also not a fixed dollar amount written into the statute; RSA 279:21 states 45 percent of the applicable minimum wage with a $30 monthly tip threshold.
Disclaimer: This article provides general legal information about New Hampshire and federal minimum wage law, verified as of September 29, 2026. It is not legal advice. For a specific situation, consult a lawyer licensed in New Hampshire or contact the New Hampshire Department of Labor.
Related
- Minimum wage by state
- Federal minimum wage under the FLSA
- New Hampshire final paycheck laws
- New Hampshire at-will employment laws
- Filing a claim for unpaid wages
- Overtime calculator
- Massachusetts minimum wage
Last updated: November 6, 2026.
Frequently Asked Questions
What is the minimum wage in New Hampshire?
$7.25 per hour. RSA 279:21 adopts the federal minimum wage as amended, and the federal rate has been $7.25 since July 24, 2009.
What will the minimum wage be in New Hampshire in 2027?
It will still be $7.25 per hour on January 1, 2027, with no change scheduled as of November 6, 2026. RSA 279:21 follows the federal minimum wage as amended and has no indexing, so it changes only if the federal rate changes or a new state law is enacted.
What is the tipped minimum wage in New Hampshire?
Under RSA 279:21, a qualifying tipped employee (more than $30 a month in tips, in a restaurant, hotel, motel, inn or cabin, or ballroom) can be paid a base rate of not less than 45 percent of the minimum wage, with the employer covering any shortfall each pay period.
Can a 16-year-old be paid less than the minimum wage in New Hampshire?
A person 16 or under may not be paid less than 75 percent of the applicable minimum wage, and the employer must keep evidence of age on file (RSA 279:21, V).
What can I do if my New Hampshire employer paid me less than the minimum wage?
You can sue for the unpaid minimum wage plus costs and reasonable attorney fees under RSA 279:29, or seek help from the New Hampshire Department of Labor. Underpayment is also a criminal offense under RSA 279:28, II.
Updates
Governing law re-checked for recent changes
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 279 MINIMUM WAGE LAW
§ 279:21Minimum Hourly Rate.In force
Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended. Tipped employees of a restaurant, hotel, motel, inn or cabin, or ballroom who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage. The limitations imposed hereby shall be subject to the following exceptions: Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 279:1Definitions.In force
Terms used in this chapter shall be construed as follows, unless a different meaning is clearly apparent from the language or context: I. "Commissioner," the labor commissioner. II-IV. [Repealed.] V. "Occupation," an industry, trade or business or branch thereof or class of work therein in which employees are gainfully employed, but shall not include domestic service in the home of the employer or labor on a farm. VI-IX. [Repealed.] X. "Employee" means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2, VI(b)(2), (3), or (4), or RSA 281-A:2, VII(b), or a person providing services as part of a residential placement for individuals with developmental, acquired, or emotional disabilities, or any person who meets all of the following criteria: (a) The person possesses or has applied for a federal employer identification number or social security number, or in the alternative, has agreed in writing to carry out the responsibilities imposed on employers under this…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Houle v. Duvall (Supreme Court of New Hampshire 1971, 111 N.H. 333)“…indirect gain or profit, to engage in any employment. ...” RSA 279:1( X )( supp. ). “ Occupation ” is define…”
- Roy D. Wallen v. TendoNova Corp. (District Court, D. New Hampshire 2022, 2022 DNH 145)“…the FLSA, New Hampshire wage laws apply only to employees. RSA 279:1 excludes from the definition of employe…”
- Wallen v. TendoNova Corporation (District Court, D. New Hampshire 2022)“…Hampshire wage laws apply only to employees. RSA 279:1 excludes from the definition of employe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 279:27Records of Hours and Wages.In force
Every employer of employees shall keep a true and accurate record of the hours worked by each, wages paid to each, and classification of employment when necessary, and shall furnish to the commissioner or the commissioner's authorized representative upon demand a sworn statement of the same. Employers shall retain such records of hours and wages for 3 years and such records shall be open to inspection by the commissioner or the authorized representative at any reasonable time, subject to the provisions of RSA 273:9. Every employer subject to a statutory minimum wage shall post and make available to his or her employees a copy of such statutory minimum wage. Employers shall be furnished copies of posters on request without charge. Records required by this section may be made, signed, acknowledged, approved, and retained electronically.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- Appeal of Dan's City Auto Body (Nhdol) (Supreme Court of New Hampshire 2008, 158 N.H. 28)“…hird, the inspectors found 104 violations, one per week, of RSA 279:27 (1999) for failure to keep a true and a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 279:28Penalties.In force
I. [Repealed.] II. Any employer or the officer or agent of any corporation who pays or agrees to pay to any employee less than the rates applicable to such employee under the statutory minimum wage shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each week in any day of which such employee is paid less than the rate applicable to him under the statutory minimum wage and each employee so paid less shall constitute a separate offense. III. Any employer or the officer or agent of any corporation who fails to keep the records required hereunder, or refuses to permit the commissioner or his authorized representative to enter his place of business, or fails to furnish such records to the commissioner or his authorized representative upon request shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Each day of such failure to keep the records requested hereunder or to furnish the same to the commissioner or his authorized representative shall constitute a separate offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 279:29Civil Actions.In force
If any employee is paid by the employer less than the minimum wage to which the employee is entitled under the statutory minimum wage the employee may recover in a civil action the full amount of such minimum wage less any amount actually paid to the employee by the employer together with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between the employee and the employee's employer to work for less than the statutory minimum wage shall be no defense to such action. At the request of any employee paid less than the minimum wage to which the employee was entitled under the statutory minimum wage the commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
United States Code Title 29
§ 203DefinitionsIn forcecited in 32 of our articles
As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 4,743 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wisconsin v. Yoder (Supreme Court of the United States 1972, 406 U.S. 205)“…hteen years or detrimental to their health or well-being." 29 U. S. C. § 203 (l). [20] Cf. e. g., Jacobson v…”
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (Supreme Court of the United States 1999, 527 U.S. 666)“…specifically covered the state hospitals in question, see 29 U. S. C. § 203 (d) (1964 ed.), and such coverage was u…”
- Garcia v. San Antonio Metropolitan Transit Authority (Supreme Court of the United States 1985, 469 U.S. 528)“…vernment employees. §§ 6(a)(1) and (6), 88 Stat. 58 , 60, 29 U. S. C. §§ 203 (d) and (x). SATS complied with the FLS…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minimum Wage by State (2027): All 50 States and DC, Alabama Minimum Wage (2027): Still $7.25, No State Rate, Arkansas Minimum Wage (2027): Still $11.00, No Change Scheduled
§ 206Minimum wageIn forcecited in 49 of our articles
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6,250 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) (Court of Appeals for the Third Circuit 1999, 184 F.3d 236)“…wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206 (a), for the work he was compelled to d…”
- Christensen v. Harris County (Supreme Court of the United States 2000, 529 U.S. 576)“…in the private sector of the economy or the public sector. 29 U. S. C. §§ 206 , 207 (1994 ed. and Supp. III). In 1985…”
- Barrentine v. Arkansas-Best Freight System, Inc. (Supreme Court of the United States 1981, 450 U.S. 728)“…a minimum wage under § 6 of the Fair Labor Standards Act, 29 U. S. C. § 206 , may not be waived through a collectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 215Prohibited acts; prima facie evidenceIn forcecited in 33 of our articles
After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,632 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants (Court of Appeals for the First Circuit 1979, 600 F.2d 1003)“…available under the FLSA. A relevant starting point may be 29 U.S.C. § 215 (a)(3), which prohibits the retaliatory…”
- United States v. Universal C. I. T. Credit Corp. (Supreme Court of the United States 1952, 344 U.S. 218)“…1060 , *219 1068-1069, as amended, 63 Stat. 910 , 919, 29 U. S. C. §§ 215 , 216 (a), charging the defendant corpo…”
- Mitchell v. Robert DeMario Jewelry, Inc. (Supreme Court of the United States 1960, 361 U.S. 288)“…he three employees in violation of § 15 (a)(3) of the Act, 29 U. S. C. § 215 (a)(3), and' praying for an. order enj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Connecticut Minimum Wage (2027): $17.48 an Hour From Jan. 1
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Alaska Minimum Wage (2027): $14.00, Rising to $15.00 July 1
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Minimum Wage (2027): $15.65 an Hour From Jan. 1, California Minimum Wage (2027): $17.40 an Hour From Jan. 1, Colorado Minimum Wage (2027): $15.71 an Hour From Jan. 1
§ 255Statute of limitationsIn forcecited in 39 of our articles
Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 See References in Text note below. — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,924 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kimel v. Florida Board of Regents (Supreme Court of the United States 2000, 528 U.S. 62)“…added to the statute of limitations provision of the FLSA, 29 U. S. C. § 255 , a new subsection (d), which suspended…”
- Oscar Mayer & Co. v. Evans (Supreme Court of the United States 1979, 441 U.S. 750)“…title shall apply to actions under this chapter." Title 29 U. S. C. § 255 provides in relevant part: "Any acti…”
- Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak (Court of Appeals for the Ninth Circuit 1993, 991 F.2d 583)“…o a more generous three-year statute of limitations. See 29 U.S.C. § 255 (a) (1988) (three-year statute of limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Minimum Wage (2027): Still $7.25, No Change Scheduled, Georgia Minimum Wage (2027): $7.25, No Change Scheduled, Hawaii Minimum Wage (2027): $16.00 All Year, $18.00 in 2028
Sources and References
- RSA 279:21, Minimum wage(gc.nh.gov).gov
- 29 U.S.C. 206, Minimum wage(law.cornell.edu)
- U.S. Department of Labor, Wage and Hour Division, Minimum Wage FAQ(dol.gov).gov
- 29 U.S.C. 203, Definitions (tip credit and tip retention)(law.cornell.edu)
- 29 U.S.C. 218, Relation to other laws(law.cornell.edu)
- RSA 279:29, Civil action(gc.nh.gov).gov
- 29 U.S.C. 216, Penalties and liquidated damages(law.cornell.edu)
- 29 U.S.C. 255, Statute of limitations(law.cornell.edu)
- 29 U.S.C. 215, Prohibited acts (retaliation)(law.cornell.edu)
- U.S. DOL, Minimum Wages for Tipped Employees by state (revised November 5, 2026)(dol.gov).gov