Question

Each state can set its own minimum wage. If the federal and state minimum wages are different, the highest minimum wage is used. true or false

Answer 1

I would say False for sure

Answer 2

That statement is False

It is true that each state has the power to set its own minimum wage. BUT, if the federal and states' minimum wage are different, THE FEDERAL'S regulation would be the one that is used. This happen because the Federal legislation has a supremacy clause that would always override the states in case they are contradicting each other.