Minimum Wage FEDERAL RATE APPLIES
Georgia has a state minimum wage of $5.15 per hour, but that figure applies to almost no one. Because nearly every employer is covered by the federal FLSA, and the higher rate always controls, the effective minimum wage in Georgia is the federal $7.25 per hour. Georgia law does not allow cities or counties to set their own minimum wage, so the $7.25 rate applies statewide, including in Atlanta and Savannah.
Tipped employees may be paid a cash wage as low as $2.13 per hour, but only if those tips bring the total hourly rate up to $7.25. When they do not, the employer is required to make up the difference.
Overtime Laws 1.5X RATE
Georgia does not have its own overtime statute, so overtime follows the federal FLSA. Non-exempt employees earn one and a half times their regular rate for hours worked beyond 40 in a workweek, which puts the overtime rate at $10.88 at Georgia's effective minimum wage.
Overtime is calculated on a weekly basis. Georgia has no daily overtime rule, so working long hours on a single day does not trigger overtime unless total hours for the entire week exceed 40. The workweek can be any fixed recurring period of seven consecutive days.
Meal & Rest Breaks NO MANDATE
Georgia follows the FLSA, which does not require employers to provide meal or rest breaks for adult employees.
When an employer does provide a short break of 20 minutes or less, federal law generally requires that time to be paid. A meal period of 30 minutes or more is typically unpaid, provided the employee is fully relieved of duties for the entire period.
Employee Misclassification COMMON VIOLATION
Some Georgia employers label workers as independent contractors or exempt employees to avoid paying overtime. What your job title says alone does not determine the legal classification. What matters is the actual working relationship and the day-to-day duties of the job.
Final Paychecks NEXT PAYDAY
Georgia has no state law setting a specific deadline for final paychecks from private employers. In practice, a departing worker's final wages generally should be paid by the next regular payday. Any earned wages, including overtime, must still be paid in full.
Filing a Claim 2 YEAR WINDOW
Georgia workers have a two-year time limit to file claims for unpaid overtime and minimum wage violations under the FLSA. When an employer's violation was willful, meaning they knew about it or it was done on purpose, that limit extends to three years.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and statistics cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for Georgia workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.