North Carolina
North Carolina Minimum Wage 2026: $7.25 Per Hour Explained
Independently fact-checked against primary sources (last audited September 30, 2026). · 21 primary sources cited on this page. How we verify our legal content

North Carolina's minimum wage is $7.25 per hour. G.S. 95-25.3(a) sets it at $6.15 or the federal FLSA rate, whichever is higher, so the state figure follows the federal rate. Most North Carolina workers get $7.25 through the federal Fair Labor Standards Act (FLSA), because the state minimum wage provision does not apply to employees of FLSA-covered enterprises. No 2027 change is scheduled.
Information last verified on September 30, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the minimum wage provisions of the North Carolina Wage and Hour Act (G.S. Chapter 95, Article 2A) and the federal FLSA overlay. It does not cover overtime detail, North Carolina's wage payment rules or any other state.
North Carolina's $7.25 rate
G.S. 95-25.3(a) provides that the minimum wage is $6.15 per hour or the rate in the FLSA, 29 U.S.C. 206(a)(1), "as that wage may change from time to time, whichever is higher." The federal rate has been $7.25 since July 24, 2009 (29 U.S.C. 206(a)(1)(C)), so $7.25 is the North Carolina figure too. NC Department of Labor (NCDOL) states that the minimum wage in North Carolina is currently $7.25 an hour and that agricultural and domestic employees are subject to the federal minimum wage. Federal rules are on our federal minimum wage page.
Who the state act covers, and who the FLSA covers
This is the part of North Carolina law that trips up readers. Under G.S. 95-25.14(a)(1), the minimum wage, overtime and youth employment provisions of the Wage and Hour Act "do not apply to" a person employed in an enterprise engaged in commerce or the production of goods for commerce as defined in the FLSA. There are carve-backs: an employee (other than a learner, apprentice, student or worker with a disability) for whom the FLSA minimum is less than the G.S. 95-25.3 minimum is not exempt, and an FLSA-exempt employee with no comparable North Carolina exemption is not exempt.
In practice, the North Carolina minimum wage provision reaches mainly employers outside FLSA coverage. NCDOL describes the businesses it covers as generally those with under $500,000 in gross sales. The FLSA's enterprise coverage test is $500,000 in annual sales or business done (29 U.S.C. 203(s)(1)(A)). Under 29 U.S.C. 218(a), where a state law and the FLSA both apply, the higher standard controls.
Other workers outside G.S. 95-25.3 under G.S. 95-25.14 include:
- Agricultural workers and domestics as defined under the FLSA.
- Bona fide volunteers, confined persons, models, actors and performers, and outdoor drama production roles.
- Executive, administrative, professional and outside sales employees, and computer professionals.
- The employer's spouse, child, parent or tax dependent.
- Summer camp and seasonal religious or nonprofit conference center workers, seafood catching and processing workers, and participants in ridesharing arrangements.
NCDOL's page says the state minimum wage also applies to the State, counties and local governments and their instrumentalities.
Will North Carolina's minimum wage change in 2027?
No change is scheduled. The rate floats with the federal rate and moves only if Congress raises it or the General Assembly passes a new Act. Two bills to raise it are pending and neither is law: H 353 (Fair Minimum Wage Act, 2025) was referred to the House Rules, Calendar, and Operations Committee on March 11, 2025, and H 1059 was referred to House Rules on April 28, 2026.
Lower rates: students, learners and others
- Full-time students, learners, apprentices and messengers: 90 percent of the subsection (a) rate, rounded to the lowest nickel (G.S. 95-25.3(b)).
- Economically disadvantaged or unemployed persons: G.S. 95-25.3(d) lets the Commissioner set, by regulation, a rate of not less than 85 percent of the minimum for up to 52 weeks for people unemployed at least 15 weeks and economically disadvantaged, or receiving Work First Family Assistance or SSI. The Wage and Hour rules in 13 NCAC 12 contain no rule setting that rate.
- Seasonal food service establishments: G.S. 95-25.3(e) lets the Commissioner set, by regulation, a rate of not less than 85 percent; 13 NCAC 12 contains no rule setting it.
- Impaired earning capacity due to age or disability: the Commissioner may set a lower rate by regulation; the dollar amount is not in the statute (G.S. 95-25.3(c)). 13 NCAC 12 .0202 provides for disabled worker certificates on an employer's application to the Administrator of the Wage and Hour Bureau.
G.S. 95-25.5 governs youth employment certificates and hours. It is a child labor provision, not a lower wage. The FLSA youth opportunity wage of $4.25 for the first 90 consecutive days for workers under 20 is a federal provision (29 U.S.C. 206(g)).
Tipped employees in North Carolina
NCDOL says an employer must pay tipped employees at least $2.13 an hour as long as each employee receives enough in tips to make up the difference to $7.25. That implies a $5.12 maximum tip credit, matching the DOL tipped table row for North Carolina. G.S. 95-25.3(f) pegs the credit to 29 U.S.C. 203(m) and states no dollar figure.

The conditions in G.S. 95-25.3(f) are:
- The employee is notified in advance and retains all tips.
- The employer keeps accurate and complete tip records certified by the employee monthly or each pay period. If an employee refuses to certify, tips may still count if the employer meets the other requirements and shows by monitoring that the employee regularly receives that amount.
- Tip pooling is allowed among employees who customarily and regularly receive tips if they are told of the pool before the pay period, and no employee's tips may be reduced by more than 15 percent (13 NCAC 12 .0303). NCDOL applies this to the businesses it covers, generally those under $500,000 in gross sales.
Under G.S. 95-25.2, a tipped employee customarily receives more than $20 a month in tips. That differs from the federal figure of more than $30 a month (29 U.S.C. 203(t)). Federal law bars employers from keeping tips (29 U.S.C. 203(m)(2)(B)).
Local minimum wages
North Carolina has none. G.S. 95-25.1(d) provides that the Wage and Hour Act supersedes and preempts any local ordinance, regulation, resolution or policy that regulates or imposes any requirement on an employer about compensation of employees, including wage levels. Exceptions cover a local government's own employees, certain economic development incentives, federal community development block grant requirements and programs under G.S. 160D-1311. Charlotte, Durham and Asheville cannot set a higher private-sector minimum wage.

How to file a wage complaint in North Carolina
NCDOL's wage complaint page says complaints about minimum wage, overtime, wages involving tips, and government employers should be filed with the U.S. Department of Labor. NCDOL's Wage and Hour Bureau takes other wage claims under the Wage and Hour Act, such as unpaid wages (excluding overtime), final paycheck, vacation, unauthorized deductions and reduction in pay. NCDOL says it will not accept complaints for wages due more than one year ago.
For workers the FLSA covers, the U.S. Department of Labor's Wage and Hour Division takes complaints at 1-866-487-9243 and may not disclose a complainant's identity. An employer that violates the federal minimum wage owes the unpaid wages plus an equal amount as liquidated damages, and the worker may recover attorney's fees and costs (29 U.S.C. 216(b)). A federal suit generally must start within two years, or three years for a willful violation (29 U.S.C. 255(a)), and 29 U.S.C. 215(a)(3) bars retaliation for filing an FLSA complaint.
Under state law, G.S. 95-25.22 makes an employer that violates G.S. 95-25.3 liable for unpaid minimum wages plus interest, plus liquidated damages equal to the amount due unless the employer shows good faith and reasonable grounds. The court may award costs and reasonable attorneys' fees. Actions must be brought within two years. G.S. 95-241(a) bars discrimination or retaliation against an employee who in good faith files a claim or complaint under the Wage and Hour Act. A retaliation complaint must be filed in writing with the Commissioner of Labor within 180 days of the alleged violation; a lawsuit follows a right-to-sue letter (G.S. 95-242, 95-243).
See also North Carolina final paycheck laws, unpaid wages and the overtime calculator. Neighbouring Virginia has its own minimum wage page.
Disclaimer: This page is general legal information, not legal advice. It covers the North Carolina Wage and Hour Act (G.S. Chapter 95, Article 2A) and the federal Fair Labor Standards Act (FLSA) as verified on September 30, 2026. For a specific pay situation, consult a lawyer licensed in North Carolina or the state labor agency.
Related pages
- Minimum wage by state
- Federal minimum wage rules
- North Carolina final paycheck laws
- North Carolina at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
- Virginia minimum wage
Last updated: September 30, 2026.
Frequently Asked Questions
What is the minimum wage in North Carolina?
$7.25 per hour. G.S. 95-25.3(a) sets $6.15 or the FLSA rate, whichever is higher, and the FLSA rate is $7.25.
Does the North Carolina minimum wage law apply to me?
Not if you work for an FLSA-covered enterprise; G.S. 95-25.14(a)(1) exempts those employees from the state minimum wage. The federal $7.25 covers them instead.
Will North Carolina's minimum wage increase in 2027?
No increase is scheduled. Bills H 353 and H 1059 are in the House Rules Committee and are not law.
What is the North Carolina tipped minimum wage?
$2.13 per hour in cash if tips bring the employee to $7.25. North Carolina counts a tipped employee at more than $20 a month in tips (G.S. 95-25.2).
Can Charlotte or Durham set a higher minimum wage?
No. G.S. 95-25.1(d) preempts local ordinances that impose compensation requirements on employers, other than for the local government's own employees and a few listed exceptions.
Where do I file a minimum wage complaint in North Carolina?
NCDOL directs minimum wage and tip wage complaints to the U.S. Department of Labor, 1-866-487-9243. NCDOL takes other wage claims such as unpaid final pay.
How long do I have to sue for unpaid minimum wage in North Carolina?
Two years under G.S. 95-25.22(f). The FLSA allows two years, or three if the violation was willful (29 U.S.C. 255(a)).
Updates
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.
North Carolina General Statutes, Chapter 95: Department of Labor and Labor Regulations.
§ 95-25.3Minimum wageIn force
(a) Every employer shall pay to each employee who in any workweek performs any work, wages of at least six dollars and fifteen cents ($6.15) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C. 206(a)(1), as that wage may change from time to time, whichever is higher, except as otherwise provided in this section. (b) In order to prevent curtailment of opportunities for employment, the wage rate for full-time students, learners, apprentices, and messengers, as defined under the Fair Labor Standards Act, shall be ninety percent (90%) of the rate in effect under subsection (a) above, rounded to the lowest nickel. (c) The Commissioner, in order to prevent curtailment of opportunities for employment, may, by regulation, establish a wage rate less than the wage rate in effect under section (a) which may apply to persons whose earning or productive capacity is impaired by age or physical or mental deficiency or injury, as such persons are defined under the Fair Labor Standards Act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
§ 95-25.14ExemptionsIn force
(a) The provisions of G.S. 95-25.3 (Minimum Wage), G.S. 95-25.4 (Overtime), and G.S. 95-25.5 (Youth Employment), and the provisions of G.S. 95-25.15(b) (Record Keeping) as they relate to these exemptions, do not apply to: (1) Any person employed in an enterprise engaged in commerce or in the production of goods for commerce as defined in the Fair Labor Standards Act: a. Except as otherwise specifically provided in G.S. 95-25.5; b. Notwithstanding the above, any employee other than a learner, apprentice, student, or handicapped worker as defined in the Fair Labor Standards Act who is not otherwise exempt under the other provisions of this section, and for whom the applicable minimum wage under the Fair Labor Standards Act is less than the minimum wage provided in G.S. 95-25.3, is not exempt from the provisions of G.S. 95-25.3 or G.S. 95-25.4; c.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
§ 95-25.22Recovery of unpaid wagesIn forcecited in 2 of our articles
(a) Any employer who violates the provisions of G.S. 95-25.3 (Minimum Wage), G.S. 95-25.4 (Overtime), or G.S. 95-25.6 through 95-25.12 (Wage Payment) shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, their unpaid overtime compensation, or their unpaid amounts due under G.S. 95-25.6 through 95-25.12, as the case may be, plus interest at the legal rate set forth in G.S. 24-1, from the date each amount first came due. (a1) In addition to the amounts awarded pursuant to subsection (a) of this section, the court shall award liquidated damages in an amount equal to the amount found to be due as provided in subsection (a) of this section, provided that if the employer shows to the satisfaction of the court that the act or omission constituting the violation was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this Article, the court may, in its discretion, award no liquidated damages or may award any amount of liquidated damages not exceeding the amount found due as provided in subsection (a) of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 78 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Amos v. Oakdale Knitting Co. (Supreme Court of North Carolina 1992, 331 N.C. 348)“…at plaintiffs’ complaint had stated a claim pursuant to N.C.G.S. § 95-25.22 (recovery of unpaid wages under the Wag…”
- Hamilton v. Memorex Telex Corp. (Court of Appeals of North Carolina 1995, 118 N.C. App. 1)“…e Act are subject to a two year statute of limitations. N.C.G.S. § 95-25.22(f). *9 Defendant cont…”
- Kornegay v. Aspen Asset Group, LLC (Court of Appeals of North Carolina 2010, 204 N.C. App. 213)“…ions for actions to recover unpaid wages. See N.C. Gen. Stat. § 95-25.22 (f) (2009). Defendants contend the stat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina Final Paycheck Laws: Next Payday, Doubled Damages
§ 95-25.1Short title and legislative purpose; local governments preemptedIn forcecited in 2 of our articles
(a) This Article shall be known and may be cited as the "Wage and Hour Act." (b) The public policy of this State is declared as follows: The wage levels of employees, hours of labor, payment of earned wages, and the well-being of minors are subjects of concern requiring legislation to promote the general welfare of the people of the State without jeopardizing the competitive position of North Carolina business and industry. The General Assembly declares that the general welfare of the State requires the enactment of this law under the police power of the State. (c) Repealed by Session Laws 2017-4, s. 1, effective March 30, 2017. (d) The provisions of this Article supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that regulates or imposes any requirement upon an employer pertaining to compensation of employees, such as the wage levels of employees, hours of labor, payment of earned wages, benefits, leave, or well-being of minors in the workforce.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 112 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Sawyer v. Market America, Inc. (Court of Appeals of North Carolina 2008, 190 N.C. App. 791)“…and for violation of the North Carolina Wage and Hour Act, N.C. Gen. Stat. § 95-25.1 (2007), et seq. In April…”
- Panos v. Timco Engine Center, Inc. (Court of Appeals of North Carolina 2009, 197 N.C. App. 510)“…alleged violation of the North Carolina Wage and Hour Act, N.C. Gen. Stat. § 95-25.1 , Plaintiff filed a complaint against D…”
- Hyman v. Efficiency, Inc. (Court of Appeals of North Carolina 2004, 167 N.C. App. 134)“…ons of the North Carolina Wage and Hour Act (“the NCWHA”), N.C. Gen. Stat. § 95-25.1 et seq. We affirm.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina Whistleblower Laws: Protections and How to Report
§ 95-25.2DefinitionsIn force
In this Article, unless the context otherwise requires: (1) "Agriculture" includes farming in all its branches performed by a farmer or on a farm as an incident to or in conjunction with farming operations. (2) "Commissioner" means the Commissioner of Labor. (3) "Employ" means to suffer or permit to work. (4) "Employee" includes any individual employed by an employer. (5) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee. (6) "Establishment" means a physical location where business is conducted. (7) "The Fair Labor Standards Act" means the Fair Labor Standards Act of 1938, as amended and as the same may be amended from time to time by the United States Congress. (8) "Hours worked" includes all time an employee is employed. (9) "Payday" means that day designated for payment of wages due by virtue of the employment relationship. (10) "Pay periods" may be daily, weekly, biweekly, semimonthly, or monthly. (11) "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. For the purposes of G.S. 95-25.2, G.S. 95-25.3, G.S.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
§ 95-241Discrimination prohibitedIn forcecited in 4 of our articles
(a) No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do any of the following: (1) File a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to any of the following: a. Chapter 97 of the General Statutes. b. Article 2A or Article 16 of this Chapter. c. Article 2A of Chapter 74 of the General Statutes. d. G.S. 95-28.1. e. Article 16 of Chapter 127A of the General Statutes. f. G.S. 95-28.1A. g. Article 52 of Chapter 143 of the General Statutes. h. Article 5F of Chapter 90 of the General Statutes. (2) Cause any of the activities listed in subdivision (1) of this subsection to be initiated on an employee's behalf. (3) Exercise any right on behalf of the employee or any other employee afforded by Article 2A or Article 16 of this Chapter, by Article 2A of Chapter 74 of the General Statutes, or by Article 52 of Chapter 143 of the General Statutes. (4) Comply with the provisions of Article 27 of Chapter 7B of the General Statutes. (5) Exercise rights under Chapter 50B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 67 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Pierce v. Atlantic Group, Inc. (Court of Appeals of North Carolina 2012, 219 N.C. App. 19)“…ory Employment Discrimination Act (“REDA”). We disagree. N.C. Gen. Stat. § 95-241 (a) (2011) provides that “[n]o person s…”
- Wiley v. United Parcel Service, Inc. (Court of Appeals of North Carolina 2004, 164 N.C. App. 183)“…245 (2003). Plaintiff alleged that defendant had violated N.C. Gen. Stat. § 95-241 (a)(la) by refusing to return him to wo…”
- Fatta v. M & M Properties Management, Inc. (Court of Appeals of North Carolina 2012, 221 N.C. App. 369)“…the General Statutes [(Workers’ Compensation Act)]. N.C. Gen. Stat. § 95-241 (a)(l)(a) (2011) (emphasis added). “[A]…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina At-Will Employment Laws: Exceptions and Your Rights, North Carolina Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
§ 95-242Complaint; investigation; conciliationIn forcecited in 3 of our articles
(a) An employee allegedly aggrieved by a violation of G.S. 95-241 may file a written complaint with the Commissioner of Labor alleging the violation. The complaint shall be filed within 180 days of the alleged violation. Within 20 days following receipt of the complaint, the Commissioner shall forward a copy of the complaint to the person alleged to have committed the violation and shall initiate an investigation. If the Commissioner determines after the investigation that there is not reasonable cause to believe that the allegation is true, the Commissioner shall dismiss the complaint, promptly notify the employee and the respondent, and issue a right-to-sue letter to the employee that will enable the employee to bring a civil action pursuant to G.S. 95-243. If the Commissioner determines after investigation that there is reasonable cause to believe that the allegation is true, the Commissioner shall attempt to eliminate the alleged violation by informal methods which may consist of conference, conciliation, and persuasion. The Commissioner shall make a determination as soon as possible and, in any event, not later than 90 days after the filing of the complaint.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Brackett v. SGL Carbon Corp. (Court of Appeals of North Carolina 2003, 158 N.C. App. 252)“…573 S.E.2d 596, 598 (2002) (citations omitted). G.S. § 95-242, a provision of REDA, states in pertine…”
- Skinner v. Quintiles Transnational Corp. (Court of Appeals of North Carolina 2004, 167 N.C. App. 478)“…na Labor] Commissioner." N.C. Gen.Stat. § 95-243(e) (2003). N.C. Gen.Stat. § 95-242(a) (2003) requires the Commissioner of…”
- White v. Cochran (Court of Appeals of North Carolina 2013, 229 N.C. App. 183)“…nty and the Swain County Sheriff’s Department, pursuant to N.C. Gen. Stat. § 95-242 authorizing her to initiate civil liti…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 95-25.5Youth employmentIn forcecited in 2 of our articles
(a) No youth under 18 years of age shall be employed by any employer in any occupation without a youth employment certificate unless specifically exempted. The Commissioner of Labor shall prescribe regulations for youths and employers concerning the issuance, maintenance and revocation of certificates. Certificates will be issued by the Commissioner. (a1) During the regular school term, no youth under 18 years of age who is enrolled in school in grade 12 or lower may be employed between 11 P.M. and 5 A.M. when there is school for the youth the next day. This restriction does not apply to youths 16 and 17 years of age if the employer receives written approval for the youth to work beyond the stated hours from the youth's parent or guardian and from the youth's principal or the principal's designee. (b) No youth under 18 years of age may be employed by an employer in any occupation which the United States Department of Labor shall find and by order declare to be hazardous and without exemption under the Fair Labor Standards Act, or in any occupation which the Commissioner of Labor after public hearing shall find and declare to be detrimental to the health and well-being of youths.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Lemmerman v. A. T. Williams Oil Co. (Supreme Court of North Carolina 1986, 318 N.C. 577)“…minor plaintiff may have been illegally employed, see N.C.G.S. § 95-25.5, defendant should not be allowed to pre…”
- In Re Schrimpsher (Court of Appeals of North Carolina 2001, 143 N.C. App. 461)“…enile’s ability to pay restitution. We disagree. N.C.G.S. § 95-25.5 (1999) authorizes the employment of you…”
- Whitehead v. Sparrow Enterprise, Inc. (Court of Appeals of North Carolina 2004, 167 N.C. App. 178)“…f G.S. 95-25.3 (Minimum Wage), G.S. 95-25.4 (Overtime), and G.S. 95-25.5 (Youth Employment), and the provi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina Emancipation Laws: How to Get Emancipated in North Carolina (2026)
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: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate
§ 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 2026: $16.94 an Hour ($17.48 in 2027)
§ 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 2026: $14.00 an Hour, $15.00 in July 2027
§ 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 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules, California Minimum Wage 2026: $16.90 an Hour, $17.40 in 2027
§ 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: Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate, Hawaii Minimum Wage 2026: $16.00 an Hour, Next Step $18.00 in 2028
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Sources and References
- G.S. 95-25.3, North Carolina minimum wage(ncleg.gov).gov
- NC Department of Labor, Minimum Wage in NC(labor.nc.gov).gov
- 29 U.S.C. 206, minimum wage (Cornell LII)(law.cornell.edu).gov
- G.S. 95-25.14, exemptions(ncleg.gov).gov
- 29 U.S.C. 203, definitions and tip credit (Cornell LII)(law.cornell.edu).gov
- 29 U.S.C. 218, effect on other laws (Cornell LII)(law.cornell.edu).gov
- H 353, North Carolina General Assembly bill lookup(ncleg.gov).gov
- H 1059, North Carolina General Assembly bill lookup(ncleg.gov).gov
- G.S. 95-25.5, youth employment(ncleg.gov).gov
- U.S. DOL, Tipped minimum wage by state(dol.gov).gov
- G.S. 95-25.2, definitions(ncleg.gov).gov
- G.S. 95-25.1, preemption(ncleg.gov).gov
- NC Department of Labor, how and where to file a wage complaint(labor.nc.gov).gov
- U.S. DOL Wage and Hour Division, file a complaint(dol.gov).gov
- 29 U.S.C. 216, penalties and civil actions (Cornell LII)(law.cornell.edu).gov
- 29 U.S.C. 255, statute of limitations (Cornell LII)(law.cornell.edu).gov
- 29 U.S.C. 215, prohibited acts (Cornell LII)(law.cornell.edu).gov
- G.S. 95-25.22, recovery of unpaid wages(ncleg.gov).gov
- G.S. 95-241, retaliation(ncleg.gov).gov
- 13 NCAC 12, Wage and Hour rules (incl. .0202 and .0303)(reports.oah.state.nc.us).gov
- G.S. 95-242, retaliation complaint procedure(www.ncleg.gov).gov