Quick Answer
Comprehensive guide to Georgia wage and hour laws covering minimum wage, federal FLSA overtime requirements, and worker pay protections.
Georgia's state minimum wage ($5.15/hour) is below the federal minimum, so the federal minimum wage of $7.25/hour applies to most Georgia workers. Federal FLSA provides the primary wage and hour protections in Georgia.
Quick Facts: Georgia Wage Laws
| Topic | Georgia | Federal (FLSA) |
|---|---|---|
| Minimum Wage | $5.15 (below federal) | $7.25/hour applies |
| Overtime | Federal rules | After 40 hours/week |
| Pay Frequency | Semi-monthly | Not specified |
| Meal Breaks | Not required | Not required |
Minimum Wage
Which Rate Applies
Federal minimum of $7.25/hour applies because:
- Georgia's state minimum ($5.15) is lower
- Federal law preempts when higher
- Most employers covered by FLSA
Tipped Employees
- Federal tipped minimum: $2.13/hour
- With tips must equal $7.25/hour
- Employer makes up difference
Exceptions
Some employees may be exempt from minimum wage requirements (student workers, certain agricultural workers).
Overtime
Federal FLSA Rules Apply
- Time-and-a-half after 40 hours per week
- No daily overtime requirement
- Workweek is any 7 consecutive days
Exemptions
Same as federal FLSA:
- Executive, administrative, professional
- Outside sales
- Certain computer professionals
Pay Requirements
Georgia Pay Day Requirements
- Must pay at least semi-monthly
- Regular paydays must be established
Final Paycheck
No specific Georgia deadline, but generally next regular payday.
Wage Deductions
Must be authorized by law or by employee.
Filing Wage Claims
US Department of Labor (WHD)
For FLSA violations:
- Phone: 1-866-487-9243
- Website: dol.gov{rel="nofollow"}
- Atlanta District Office
Private Lawsuit
- File in court for unpaid wages
- 2-3 year statute of limitations (FLSA)
- Liquidated damages available
Common Violations
- Paying below minimum wage
- Misclassifying employees as exempt
- Not paying for all hours worked
- Off-the-clock work
- Improper tip credit
Common Questions
Why is Georgia's minimum wage so low?
Georgia's $5.15 state minimum is historic and hasn't been updated. However, the federal $7.25 minimum supersedes it for most workers covered by FLSA.
Are breaks required in Georgia?
No. Georgia doesn't require meal or rest breaks for adult workers.
How do I report wage theft?
File with US Department of Labor WHD or consult an attorney.
Finding Legal Help
Free Resources
- WHD (Federal): dol.gov/agencies/whd | 1-866-487-9243
- Georgia Legal Aid: georgialegalaid.org
Employment Attorneys
Many handle wage cases on contingency or fee-shifting.
Related Resources
Legal Disclaimer
This guide provides general information about Georgia wage and hour laws and is not legal advice. For advice about your situation, consult a licensed Georgia employment attorney.
Official Resources:
- US Department of Labor: dol.gov/agencies/whd{rel="nofollow"} | 1-866-487-9243
Frequently Asked Questions
What is which Rate Applies?
What is tipped Employees?
What is federal FLSA Rules Apply?
What is georgia Pay Day Requirements?
What is final Paycheck?
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