Sometimes individual states set minimum wages either above or below the federal minimum wage. In some cases, a state's minimum wage will vary by the type of worker.
If your state's minimum wage is lower than the federal level. If you are subject to both federal and your state's wage and hour laws, you must abide by the federal minimum wage.
If your state's minimum wage is higher than the federal minimum wage. If you are subject to both federal and your state's wage and hour laws, you must abide by the state's law.
If you're not subject to federal minimum wage law, it does not mean that you are also exempt from state minimum wage requirements. The general rule is that if you are exempt from paying the federal minimum wage (generally, because your employees are not involved in interstate commerce), you must pay the minimum wage set out by your state.
In short, you pay the higher amount when subject to both laws. Click on your state on the map below to determine what the minimum wage is in your state. The states that are colored blue do not have a minimum wage.