Question 1

What is the minimum wage in each state?

Accepted Answer

Minimum wages range from the federal floor of $7.25 in states that have not set a higher rate to indexed rates above $16 that rise on a fixed annual schedule. Many state minimums change every year, so each cell notes the date it is current as of. See the comparison table for each jurisdiction.

Question 2

Which states require daily overtime?

Accepted Answer

The federal rule pays overtime only after 40 hours in a week. A small number of states add a daily overtime rule — for example, overtime after 8 hours in a day, sometimes with a double-time tier — while most states follow the weekly rule only.

Question 3

Which test does a state use to classify workers as employees or contractors?

Accepted Answer

States apply different tests — the ABC test, the federal economic-realities test, or the common-law right-of-control test — and the answer can change whether a worker is owed minimum wage and overtime. This area is in flux in 2026.

Jurisdiction	Minimum wage vs. the federal floor	Summary	Main law	Last reviewed
California	Indexed (rises yearly)	California is a high-protection wage-and-hour state — an indexed minimum wage well above the federal floor, daily overtime, mandatory paid breaks, and immediate final pay backed by a waiting-time penalty.	Cal. Lab. Code §§ 201–204, 226, 226.7, 351, 510, 512, 1182.12, 1194, 2775	Jun 30, 2026
Daily overtime? Daily + double-time Meal & rest breaks? Paid rest + meal When is final pay due? Day of separation Penalty for late final pay Waiting-time penalty How often must workers be paid? Semi-monthly Pay-stub contents required? Detailed statutory list Employee vs. contractor test ABC test Tip credit allowed? No tip credit Minimum wage current as of 2026-01-01
New York	Above federal	New York is a high-protection wage-and-hour state — a minimum wage well above the federal floor and tiered by region, weekly pay for manual workers, detailed WTPA wage statements, and 100% liquidated-damages exposure — with worker status decided by the common-law control test.	N.Y. Lab. Law §§ 162, 191, 193, 195, 196-d, 198, 652, 663; Matter of Vega (Postmates Inc.), 35 N.Y.3d 131 (2020)	Jun 30, 2026
Daily overtime? Weekly only (40 hrs) Meal & rest breaks? Meal break only When is final pay due? Next regular payday Penalty for late final pay Liquidated damages How often must workers be paid? Weekly Pay-stub contents required? Detailed statutory list Employee vs. contractor test Common-law control Tip credit allowed? Partial tip credit Minimum wage current as of 2026-01-01
Texas	Same as federal	Texas is a low-regulation, federal-floor wage-and-hour state — it adopts the $7.25 federal minimum wage, imposes no state overtime or break mandate, fixes final-pay deadlines by statute, and decides worker status by the common-law right-of-control test.	Tex. Lab. Code §§ 61.011, 61.014, 61.019, 62.003, 62.051, 62.052; Limestone Products Distribution, Inc. v. McNamara, 71 S.W.3d 308 (Tex. 2002)	Jun 30, 2026
Daily overtime? Weekly only (40 hrs) Meal & rest breaks? None required When is final pay due? Within a few days Penalty for late final pay Agency enforcement How often must workers be paid? Semi-monthly Pay-stub contents required? Basic required Employee vs. contractor test Common-law control Tip credit allowed? Full federal tip credit Minimum wage current as of 2026-01-01

Wage & Hour Laws by State