My employer pays $7.25 an hour but California's minimum wage is higher, what can I do?

**The federal rate does not displace a higher state minimum.** The PRIMARY SECTION provides that "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" [cite:us-title29-flsa-sec218]. In plain terms, the FLSA sets a floor, and it does not excuse an employer from paying a higher state minimum. Because California's minimum wage is higher than $7.25, the employer's position that federal law alone controls is not supported by this section. **The federal figure is a floor, not a ceiling.** The federal rate is stated as "(C) $7.25 an hour, beginning 24 months after that 60th day" [cite:us-title29-flsa-sec206]. This establishes the minimum that applies nationally. It does not set the wage you must be paid in California, where state law sets a higher amount. **The section also bars using the FLSA to justify wage cuts.** The same section states that "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" [cite:us-title29-flsa-sec218]. This clause means the FLSA does not authorize an employer to reduce pay that already exceeds the federal minimum. The provided sections do not state the current California rate; you should confirm it from the California Labor Code or the state's published schedule rather than relying on this answer for the exact figure. **Hours.** The FLSA provides that no employer may employ an employee "for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed" [cite:us-title29-flsa-sec207]. Hours over 40 in a workweek therefore carry an overtime premium under federal law. Whether any hours figure you have affects your claim depends on the facts of your schedule and pay, which the question does not fully state. The provided sections do not address how California calculates overtime, which is generally at least as protective and should be checked separately. **Unsettled points.** The provided sections do not establish a specific remedy, back-pay formula, or the procedure for enforcing a state minimum wage. They also do not address whether a manager's written communication or corporate approval changes the legal analysis. These points are not resolved by the text above. State, provincial or local law may add further rules; for a California worker, check the California Labor Code and any applicable local wage ordinance, which may set higher rates and separate enforcement procedures.