The following is a summary of the minimum wage rates in effect as of January 1, 2014 along with a calculation of the overtime pay rate based on the minimum wage in each state.

If you are not receiving at least the minimum wage required by the state in which you work, you are also likely being paid too low a rate for any overtime hours you may work.

States in which the minimum wage is GREATER than the federal minimum wage ($7.25/hour):

Minimum Wage Overtime Pay Rate (at time and a half)
ALASKA (AK) – $7.75 $11.63
ARIZONA (AZ) – $7.90 $11.85
CALIFORNIA (CA) – $8.00 $12.00 or $16.00 (double time)
COLORADO (CO) – $8.00 $12.00
CONNECTICUT (CT) – $8.70 $13.05
DISTRICT OF COLUMBIA (DC) – $8.25 $12.38
FLORIDA (FL) – $7.93 $11.90
ILLINOIS (IL) – $8.25 $12.38
MASSACHUSETTS (MA) – $8.00 $12.00
MAINE (ME) – $7.50 $11.25
MICHIGAN (MI) – $7.40 $11.10
MISSOURI (MO) – $7.50 $11.25
MONTANA (MT) – $7.90 $11.85
NEW JERSEY (NJ) – $8.25 $12.38
NEW MEXICO (NM) – $7.50 $11.25
NEVADA (NV) – $8.25 $12.38
NEW YORK (NY) – $8.00 $12.00
OHIO (OH) – $7.95 $11.93
OREGON (OR) – $9.10 $13.65
RHODE ISLAND (RI) – $8.00 $12.00
VERMONT (VT) – $8.73 $13.10
WASHINGTON (WA) – $9.32 $13.98

States in which the minimum wage is the SAME as the federal minimum wage ($7.25/hour):

Minimum Wage Overtime Pay Rate (at time and a half)
DELAWARE (DE) – $7.25 $10.88
HAWAII (HI) – $7.25 $10.88
IOWA (IA) – $7.25 $10.88
IDAHO (ID) – $7.25 $10.88
DELAWARE (DE) – $7.25 $10.88
INDIANNA (IN) – $7.25 $10.88
KANSAS (KS) – $7.25 $10.88
KENTUCKY (KY) – $7.25 $10.88
MARYLAND (MD) – $7.25 $10.88
NORTH CAROLINA (NC) – $7.25 $10.88
NORTH DAKOTA (ND) – $7.25 $10.88
NEBRASKA (NE) – $7.25 $10.88
NEW HAMPSHIRE (NH) – $7.25 $10.88
OKLAHOMA (OK) – $7.25 $10.88
PENNSYLVANIA (PA) – $7.25 $10.88
SOUTH DAKOTA (SD) – $7.25 $10.88
TEXAS (TX) – $7.25 $10.88
UTAH (UT) – $7.25 $10.88
VIRGINIA (VA) – $7.25 $10.88
WEST VIRGINIA (WV) – $7.25 $10.88
WISCONSIN (WI) – $7.25 $10.88

Shockingly, the Bureau of Labor Statistics estimates that 3.6 million hourly paid workers received wages at or below the federal minimum in 2012 — almost 5% of all employees on hourly pay schedules. The federal Fair Labor Standards Act (the FLSA), along with state labor laws on wage and hour, offer substantial protection of employees’ pay rights and prevent employers from shortchanging workers on their pay.  It is not legal for an employer to attempt to bargain around these regulations by either attempting to have workers agree to a wage that is below the mandatory minimum set by law or agreeing to work overtime without receiving proper overtime pay.

More changes to the wage and hour laws may be coming in the next few years.  Although passage through Congress is anything but sure, President Obama recently said he supports legislation that would raise the federal minimum wage from its current $7.25 per hour to $10.10 an hour in three steps over two years and then index it to inflation so that it would automatically increase along with the cost of living.  Without waiting for Congress, President Obama has already signed an executive order on Feb. 12 that will boost the minimum wage of federal contract workers to $10.10 per hour.  The executive order will raise the minimum wage to $10.10 effective for new federal contracts beginning Jan. 1, 2015.

If you are not receiving at least minimum wage for each hour worked or are not receiving at least time and a half for all hours worked over 40 per week, do not delay in taking action because you think that you cannot afford to consult with or hire a lawyer.  Law firms like ours handle overtime claims across the country (on a contingent fee basis), so there is absolutely no up-front cost for employees to pursue their claims.  A contingent fee is only earned and owed once a recovery has been obtained on behalf of the client(s).

If you have any doubts as to your entitlement to overtime, contact the overtime pay experts at The Lore Law Firm for a FREE and CONFIDENTIAL review of your circumstances – because it’s your time and your money.

Michael Lore is the founder of The Lore Law Firm. For over 25 years, his law practice and experience extend from representing individuals in all aspects of labor & employment law, with a concentration in class and collective actions seeking to recover unpaid back overtime wages, to matters involving executive severance negotiations, non-compete provisions and serious personal injury (work and non-work related). He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. If you have any questions about this article, you can contact Michael by using our chat functionality.