State Wage Laws
The short answer
State wage laws often beat the federal FLSA floor — higher minimum wage, daily overtime, paid breaks, longer filing windows — so check your state before assuming $7.25 and 40 hours is the whole story. And if you landed here asking whether a civilian employer must pay you during annual training or drill: for private employers, no — USERRA protects the job, not the paycheck. Details in the last section below.
Note
State laws often provide greater protections than federal FLSA. Every rate below is labeled with its effective year — rates change; verify against the state labor agency before filing.
Examples
Nevada
Minimum Wage
$12.00/hr flat for all employees (effective July 1, 2024; still the rate in 2026). Ballot Question 2 (2022) abolished the old two-tier system that allowed $10.25/hr when qualifying health insurance was offered — the insurance tier no longer exists.
Overtime
1.5x after 40 hours/week for everyone; daily overtime after 8 hours in a 24-hour period for employees earning less than 1.5x the minimum wage — under $18.00/hr at the 2026 rate (NRS 608.018)
Meal Breaks
30 min for 8+ hour shifts (NRS 608.019)
Rest Breaks
10 min per 4 hours worked (NRS 608.019)
Filing
Nevada Labor Commissioner (NRS 608.140)
California
Minimum Wage
$16.90/hr (effective Jan 1, 2026; was $16.50 in 2025 — adjusts annually, and many cities set higher local rates)
Overtime
Daily (8+ hrs = 1.5x, 12+ hrs = 2x) and weekly (40+ hrs = 1.5x)
Meal Breaks
30 min for 5+ hours, second 30 min for 10+ hours
Filing
DLSE (Labor Commissioner's Office) or civil court
Texas
Minimum Wage
$7.25/hr — the federal minimum (2026; Texas sets no higher state rate)
Overtime
FLSA federal rules apply
Filing
Texas Workforce Commission
Pay During Annual Training & Short Orders
Question
Does a civilian employer have to pay you during annual training, drill, or other short military orders?
Private Employers
No. USERRA (38 U.S.C. §§ 4301-4335) treats military duty as job-protected UNPAID leave — it guarantees your job, seniority, and benefits, not your civilian paycheck. Many private employers voluntarily pay anyway: full pay for a set number of days (commonly 10-15/year, which covers a standard two-week AT) or differential pay that tops military pay up to your civilian salary. Check your employee handbook and any union contract — and get HR's answer in writing if the handbook is silent.
Your PTO Is Your Choice
You may choose to use accrued vacation/PTO during military duty so you stay paid — but the employer cannot force you to burn it (38 U.S.C. § 4316(d); 20 CFR § 1002.153). Forced PTO use for military duty is a USERRA violation.
Federal Civilian Employees
Paid. Federal civilian employees who serve in the Guard/Reserve get 20 days (160 hours) of paid military leave per fiscal year under 5 U.S.C. § 6323(a) — raised from 15 days by Pub. L. 118-159 effective Dec. 23, 2024 — and keep both civilian and military pay for those days.
State Local Government Employees
Usually paid. Most states require paid military leave for their own state and municipal employees — commonly 10-30 days per year, set by state statute. If you work for a state agency, city, county, or school district, look up your state's military leave law.
If You're Pressured
Denied leave or forced to use PTO? Give notice of your orders (verbal or written suffices under USERRA — 20 CFR § 1002.85), then call ESGR at 1-800-336-4590 for free mediation before it escalates.