State Minimum Wage Ballot Measures: In Brief

State Minimum Wage Ballot Measures: In Brief

State Minimum Wage Ballot Measures:
In Brief
Updated January 28, 2021
Congressional Research Service
https://crsreports.congress.gov
R44706

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Contents
The Fair Labor Standards Act (FLSA) .......................................................................... 1
State Minimum Wages................................................................................................ 1
State Minimum Wage Bal ot Measures.......................................................................... 1

Tables
Table 1. State Minimum Wage Ballot Measures ................................................................... 2

Contacts
Author Information ......................................................................................................... 5

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ince 2016, voters in eight states approved bal ot measures to increase state minimum wage
rates. These and previous bal ot measures provide states one way of establishing minimum
S wage provisions different from those required by the Fair Labor Standards Act (FLSA; P.L.
75-718).
The Fair Labor Standards Act (FLSA)
The FLSA, enacted in 1938, is the federal legislation that establishes the general minimum wage
that must be paid to al covered workers. The Department of Labor (DOL) estimates that more
than 130 mil ion workers are subject to the provisions of the FLSA.1 Since the FLSA established
a minimum wage of $0.25 per hour in 1938, Congress has amended the act numerous times,
typical y to expand coverage or raise the wage rate. Since its establishment, the federal minimum
wage rate has been raised 22 separate times, most recently in 2007, when it was increased from
$5.15 per hour to its current rate of $7.25 per hour in three steps (the final step occurring in
2009). For more information on the federal minimum wage and FLSA coverage, see CRS Report
R43089, The Federal Minimum Wage: In Brief, by David H. Bradley.
State Minimum Wages
States general y have three options in setting their minimum wage policies
1. they can set their own minimum wage provisions that differ from those in the
FLSA,
2. they can explicitly tie their minimum wage provisions to the FLSA, or
3. they can include no specific minimum wage provisions in state law.
The FLSA establishes that if a state enacts minimum wage laws more protective of employees
than those provided in the FLSA, then state law applies. In the case of minimum wages, this
means FLSA-covered workers are entitled to the higher state minimum wage in those states with
rates above the federal minimum. On the other hand, FLSA-covered workers would receive the
FLSA minimum wage in states that have set minimum wages lower than or equal to the federal
rate. As of January 2021, 30 states and the District of Columbia have enacted minimum wage
rates above the federal rate of $7.25 per hour. Because of the combination of the increase in the
number of states with minimum wages above the federal rate and the federal rate remaining
unchanged since 2009, the share of the civilian labor force living in states in which the federal
minimum wage is the floor is about 39%. For additional information on state minimum wages,
see CRS Report R43792, State Minimum Wages: An Overview, by David H. Bradley and Abigail
R. Overbay.
State Minimum Wage Ballot Measures
For states with minimum wages above the federal rate, a common method of enactment of these
state rates is through bal ot measures, the result of either initiatives or referenda. As the data in
Table 1 show, since the enactment of the FLSA in 1938, there have been 30 state minimum wage
bal ot measures, including two on bal ots in 2018 and one in 2020. Table 1 includes only
measures that appeared on the bal ot (i.e., it does include initiatives that did not qualify) and
includes only information on the minimum wage rate components of the measures (i.e., additional
provisions, such as expanded coverage of the minimum wage, tipped minimum wage rates, or

1 Department of Labor, Wage and Hour Division, Fact Sheet #14: Coverage Under the Fair Labor Standards Act
(FLSA), https://www.dol.gov/whd/regs/compliance/whdfs14.pdf.
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other labor standards provisions, are not presented). In some states, subsequent legislative actions
have superseded the results shown in Table 1. For the current status of state minimum wages, see
CRS Report R43792, State Minimum Wages: An Overview, by David H. Bradley and Abigail R.
Overbay.
In total, of the 30 minimum wage state bal ot measures that have been introduced in 17 states
since 1938,
 27 passed and 3 failed;
 passage rates ranged from 51.3% (Oregon, 2002) to 76.6% (Washington, 1988);
 12 passed with support from between 60% and 70% of the vote and 5 passed
with greater than 70% approval;
 23 passed since 2002, including 5 in 2016, 2 in 2018, and 1 in 2020; and
 of the 3 measures that failed—Missouri and Montana in 1996 and Arkansas in
1960—similar measures appeared in those same states at later dates and passed.
The two state minimum wage measures on the bal ot in 2018 and the one in 2020 did not increase
the total number of states (30 and the District of Columbia) with rates above the federal rate of
$7.25 per hour. The bal ot measures did, however, continue the trend of states increasing
minimum wage rates further above the federal rate. That is, while Arkansas and Missouri (2018)
and Florida (2020) had minimum wages above $7.25 prior to the bal ot measures, as a result of
these bal ot measures the gap between rates in those states and the federal rate wil increase. For
example, starting in September 2021, Florida’s minimum wage wil go from $1.40 to $2.75 above
the federal rate. If the federal rate remains at $7.25, and given recent trends in state minimum
wage rates, these gaps are likely to continue to grow in the future.
Table 1. State Minimum Wage Ballot Measures
State
Year
Description
Results
Alaska
2014
Bal ot Measure 3: This initiative proposed increasing Alaska’s minimum
Passed
wage from $7.75 to $8.75 on January 1, 2015; and proposed raising the
Yes: 69.35%
minimum wage to $9.75 on January 1, 2016. Beginning January 1, 2017, the
minimum wage would be adjusted each year for inflation. Additional y, if
No: 30.65%
the adjusted minimum wage is less than $1.00 over the federal minimum
wage, Alaska’s minimum wage would be $1.00 over the federal minimum.
Arizona
2006
Proposition 202: This initiative proposed establishing a state minimum
Passed
wage law for Arizona of $6.75 on January 1, 2007. Beginning January 1,
Yes: 65.37%
2008, the minimum wage would be adjusted each year for inflation
(Consumer Price Index-Urban consumers).
No: 34.63%
Arizona
2016
Proposition 206: This initiative proposed increasing Arizona’s minimum
Passed
wage from $8.05 to $10.00 on January 1, 2017; $10.50 on January 1, 2018;
Yes: 58.33%
$11.00 on January 1, 2019; and $12.00 on January 1, 2020. Beginning
January 1, 2021, the minimum wage would be adjusted each year for
No: 41.67%
inflation (Consumer Price Index-Urban consumers).
Arkansas
1960
Initiated Act 1: This initiative proposed establishing a state minimum wage
Failed
law for Arkansas of $0.80 on January 1, 1961; $0.90 on January 1, 1962;
Yes: 38.79%
and $1.00 January 1, 1963.a
No: 61.21%
Arkansas
2014
Initiated Act 5: This measure proposed increasing Arkansas’s minimum
Passed
wage from $6.25 to $7.50 on January 1, 2015; $8.00 on January 1, 2016;
Yes: 65.94%
and $8.50 on January 1, 2017.
No: 34.06%
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State Minimum Wage Ballot Measures: In Brief

State
Year
Description
Results
Arkansas
2018
Issue 5: This measure proposed increasing Arkansas’s minimum wage from
Passed
$8.50 to $9.25 on January 1, 2019; $10.00 on January 1, 2020; and $11.00
Yes: 68.46%
on January 1, 2021.
No: 31.54%
California
1996
Proposition 210: This initiative proposed increasing California’s minimum
Passed
wage to $5.00 on March 1, 1997; and then $5.75 on March 1, 1998.
Yes: 61.45%
No: 38.55%
Colorado
2006
Amendment 42: This amendment proposed revising the Colorado
Passed
Constitution to increase Colorado’s minimum wage from $5.15 to $6.85
Yes: 53.30%
on January 1, 2007. Beginning January 1, 2008, the minimum wage would
be adjusted each year for inflation (Consumer Price Index for Colorado).
No: 46.70%
Colorado
2016
Amendment 70: This amendment proposed revising the Colorado
Passed
Constitution to increase Colorado’s minimum wage to $9.30 on January 1,
Yes: 55.36%
2017; $10.20 on January 1, 2018; $11.10 on January 1, 2019; and $12.00 on
January 1, 2020. Beginning January 1, 2021, the minimum wage would be
No: 44.64%
adjusted each year for inflation (Consumer Price Index for Colorado).
Florida
2004
Constitutional Amendment 5: This amendment proposed establishing a
Passed
state minimum wage law for Florida of $6.15, beginning six months after
Yes: 71.25%
enactment, May 2, 2005. Beginning January 1, 2006, the minimum wage
would be adjusted each year for inflation (Consumer Price Index for
No: 28.75%
Urban Wage Earners and Clerical Workers, CPI-W).
Florida
2020
Constitutional Amendment 2: This amendment proposed revising the
Passed
Florida Constitution to increase Florida’s state minimum wage to $10.00
Yes: 60.82%
on September 30, 2021; $11.00 on September 30, 2022; $12.00 on
September 30, 2023; $13.00 on September 30, 2024; $14.00 on September No: 39.18%
30, 2025; and $15.00 on September 30, 2026. Beginning January 1, 2028,
the minimum wage would be adjusted each year for inflation (Consumer
Price Index for Urban Wage Earners and Clerical Workers, CPI-W).
Il inois
2014
Statewide Advisory Question 1: This advisory legislative referendum
Passed
proposed increasing Il inois’s minimum wage for adults over 18 to $10.00
Yes: 66.74%
on January 1, 2015.
No: 33.26%
Maine
2016
Question 4: This initiative proposed increasing Maine’s minimum wage to
Passed
$9.00 on January 1, 2017; $10.00 on January 1, 2018; $11.00 on January 1,
Yes: 55.50%
2019; and $12.00 on January 1, 2020. Beginning January 1, 2021, the
minimum wage would be adjusted each year for inflation (Consumer Price
No: 45.50%
Index for Urban Wage Earners and Clerical Workers, CPI-W for the
Northeast Region).
Missouri
1996
Proposition A: This initiative proposed increasing Missouri’s minimum
Failed
wage to $6.25 on January 1, 1997; $6.50 on January 1, 1998; and $6.75 on
Yes: 28.70%
January 1, 1999. Beginning January 1, 2000, the minimum wage would be
increased each year by $0.15.
No: 71.30%
Missouri
2006
Proposition B: This initiative proposed increasing Missouri’s minimum
Passed
wage to $6.50 on January 1, 2007. Beginning January 1, 2008, the minimum
Yes: 75.97%
wage would be adjusted each year for inflation (Consumer Price Index for
Urban Wage Earners and Clerical Workers, CPI-W).
No: 24.03%
Missouri
2018
Proposition B: This initiative proposed increasing Missouri’s minimum
Passed
wage from $7.85 to $8.60 on January 1, 2019; $9.45 on January 1, 2020;
Yes: 62.34%
$10.30 on January 1, 2021; $11.15 on January 1, 2022; and $12.00 on
January 1, 2023.
No: 37.66%
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State Minimum Wage Ballot Measures: In Brief

State
Year
Description
Results
Montana
1996
Initiative 121: This initiative proposed re-establishing a state minimum
Failed
wage law for Montana of $4.75 on January 1, 1997; $5.25 on January 1,
Yes: 43.53%
1998; $5.75 on January 1, 1999; and $6.25 on January 1, 2000.
No: 56.47%
Montana
2006
Initiative 151: This initiative proposed re-establishing a state minimum
Passed
wage law for Montana of $6.15 on January 1, 2007. Beginning January 1,
Yes: 72.69%
2008, the minimum wage would be adjusted each year for inflation
(Consumer Price Index, U.S. city average, al urban consumers, for all
No: 27.31%
items).
Nebraska
2014
Initiative 425: This initiative proposed increasing Nebraska’s minimum
Passed
wage to $8.00 on January 1, 2015, and to $9.00 on January 1, 2016.
Yes: 59.47%
No: 40.53%
Nevada
2004
Question 6. (Note: Nevada requires constitutional amendments to be
Passed
passed in two general elections before going into effect. See 2006 Nevada
Yes: 68.39%
Initiative.)
No: 31.61%
This amendment proposed revising the Nevada constitution to increase
Nevada’s minimum wage to $5.15 if the employer provides health benefits,
or $6.15 per hour if the employer does not provide health benefits.
Beginning the year after enactment, the minimum wage would be adjusted
each year for inflation (Consumer Price Index), with no CPI adjustment for
any one-year period greater than 3%.
Nevada
2006
Question 6: (Note: Nevada requires constitutional amendments to be
Passed
passed in two general elections before going into effect. See 2004 Nevada
Yes: 68.71%
Initiative.)
No: 31.29%
This amendment proposed revising the Nevada constitution to increase
Nevada’s minimum wage to $5.15 if the employer provides health benefits,
or $6.15 per hour if the employer does not provide health benefits. The
minimum wage would be adjusted each year for inflation (Consumer Price
Index), with no CPI adjustment for any one-year period greater than 3%.
The amendment became effective on November 28, 2006, when the
Nevada State Supreme Court certified the election.
New Jersey
2013
Public Question 2: This legislative referendum proposed revising New
Passed
Jersey’s constitution to increase New Jersey’s minimum wage to $8.25
Yes: 61.26%
beginning January 1, 2014. Beginning January 1, 2015, the minimum wage
would be adjusted each year for inflation (Consumer Price Index [CPI] for
No: 38.74%
al Urban Wage Earners and Clerical Workers [CPI-W, U.S. City
Average]).
Ohio
2006
Issue 2: This amendment proposed revising the Ohio’s Constitution to
Passed
increase Ohio’s minimum wage to $6.85 on January 1, 2007. Beginning
Yes: 56.65%
January 1, 2008, the minimum wage would be adjusted each year for
inflation (Consumer Price Index [CPI] for al Urban Wage Earners and
No: 43.35%
Clerical Workers [CPI-W, U.S. City Average]).
Oregon
1996
Measure 36: This initiative proposed increasing Oregon’s minimum wage
Passed
to $5.50 on January 1, 1997; $6.00 on January 1, 1998; and $6.50 on
Yes: 56.85%
January 1, 1999.
No: 43.15%
Oregon
2002
Measure 25: This initiative proposed increasing Oregon’s minimum wage
Passed
to $6.90 on January 1, 2003. Beginning January 1, 2004, the minimum wage
Yes: 51.33%
would be adjusted each year for inflation (Consumer Price Index-Urban
consumers, U.S. City Average).
No: 48.67%
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State
Year
Description
Results
South Dakota
2014
Initiated Measure 18: This initiative proposed increasing South Dakota’s
Passed
minimum wage to $8.50 on January 1, 2015. Beginning January 1, 2016, the
Yes: 55.05%
minimum wage would be adjusted each year for inflation (Consumer Price
Index-Urban consumers, U.S. City Average).
No: 44.95%
South Dakota
2016
Referred Law 20: This legislative referendum proposed decreasing South
Failedb
Dakota’s minimum wage for youth under 18 to $7.50 on January 1, 2017.
Yes: 28.87%
Beginning January 1, 2017, the minimum wage would not be adjusted each
year for inflation.
No: 71.13%
Washington
1988
Initiative 518: This initiative proposed increasing Washington’s minimum
Passed
wage to $3.85 on January 1, 1989; and $4.25 on January 1, 1990. The
Yes: 76.55%
initiative also included language to provide minimum wage coverage for
agricultural workers.
No: 23.45%
Washington
1998
Initiative 688: This initiative proposed increasing Washington’s minimum
Passed
wage to $5.70 on January 1, 1999; and $6.50 on January 1, 2000. Beginning
Yes: 66.14%
January 1, 2001, the minimum wage would be adjusted each year for
inflation (Consumer Price Index [CPI] for al Urban Wage Earners and
No: 33.86%
Clerical Workers [CPI-W, U.S. City Average]).
Washington
2016
Initiative 1433: This initiative proposed increasing Washington’s minimum
Passed
wage to $11.00 on January 1, 2017; $11.50 on January 1, 2018; $12.00 on
Yes: 57.42%
January 1, 2019; and $13.50 on January 1, 2020. Beginning January 1, 2021,
the minimum wage would be adjusted each year for inflation (Consumer
No: 42.58%
Price Index [CPI] for al Urban Wage Earners and Clerical Workers [CPI-
W, U.S. City Average]).
Source: Compiled by CRS from state government websites (including current and archived Secretaries of State
websites), and the National Conference of State Legislatures, Bal ot Measures Database, http://www.ncsl.org/
research/elections-and-campaigns/bal ot-measures-database.aspx.

a. See “Legal Notice: Initiated Act Number 1 (By Petition) Arkansas Minimum Wage and Overtime Act,” Hope
Star, September 19, 1960, p. 2.
b. For purposes of this analysis in the body of this report, the measure in South Dakota in 2016 is counted as a
“passed” measure despite being labeled “failed” in Table 1. The 2016 vote was a referendum on the state
legislature’s action to lower the minimum wage for youth, which had been increased as part of the
successful 2014 bal ot initiative. Thus, the 2016 measure increased the youth minimum wage fol owing the
legislature’s actions to lower it.

Author Information

David H. Bradley
Abigail R. Overbay
Specialist in Labor Economics
Senior Research Librarian

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State Minimum Wage Ballot Measures: In Brief

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