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

- Jurisdiction: United States
- Practice area: Employment Law
- Published: 2026-10-22
- Last updated: 2026-10-22
- Canonical: https://lawasked.com/us/employment-law/my-employer-pays-7-25-hour-california-s

## Question

I work as a cashier at a grocery store in Sacramento, California. I was hired in February 2024 at $16.00 an hour, which is the state minimum wage. In May 2024, my new store manager told me the company would cut my pay to $7.25 an hour starting with the June 1, 2024 pay period because "the federal minimum wage is all the law requires." I work about 35 hours a week, so this would cost me roughly $308 every week. I checked my pay stubs from March, April, and May 2024, and they all show $16.00 an hour. I asked the manager in writing by email on May 20, 2024, to keep my pay at $16.00, but he replied that corporate approved the change. I also called the store's HR line on May 28, 2024, and they said they would look into it but never called back. I have not filed anything yet. My question is: can my employer legally lower my pay from $16.00 to $7.25 just because the federal minimum wage is lower, or does the higher California rate still control? Also, if my hours were raised from 35 to 45 a week at the same time, would that matter?

## Summary

Based on the facts stated, your employer is paying $7.25 an hour while California's minimum wage is higher, and the federal rate does not excuse compliance with that higher state minimum. The FLSA therefore does not justify paying you the federal rate; you should be paid at least the applicable California minimum, which you should verify for the current period.

## Analysis

**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.

## Statutory citations

- Fair Labor Standards Act of 1938, 29 U.S.C. § 218 - Relation to other laws [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section218)
  > 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
- Fair Labor Standards Act of 1938, 29 U.S.C. § 218 - Relation to other laws [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section218)
  > 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
- Fair Labor Standards Act of 1938, 29 U.S.C. § 206 - Minimum wage [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206)
  > (C) $7.25 an hour, beginning 24 months after that 60th day
- Fair Labor Standards Act of 1938, 29 U.S.C. § 207 - Maximum hours [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207)
  > 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

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