The minimum wage in Georgia is $5.15 per hour, although employers covered by the federal Fair Labor Standards Act (FLSA) must pay their employees at least the federal minimum wage of $7.25 an hour. The FLSA applies to employers with at least $500,000 in annual sales and those who are engaged in interstate commerce. In practice, the FLSA covers nearly all employers.
Tipped employees are not covered by the state's minimum wage law. Employers covered by the FLSA must ensure their workers are paid at least the federal minimum wage, including tips.
(For more information, see Nolo’s article Tips, Tip Pooling, and Tip Credits.)
Georgia has no overtime laws, although you may be eligible for overtime pay under the federal Fair Labor Standards Act. To learn more, see Nolo’s article Overtime Pay: Your Rights as an Employee and contact the Georgia Department of Labor.
Georgia does not require employers to provide lunch or rest breaks. However, you are entitled to be paid if you have to do any work during a break (for example, if you have to cover the phones while you eat lunch). And, generally, you are entitled to be paid for any short breaks (five to 20 minutes) your employer provides; this time is considered part of your work day.
To learn more about wage and hour laws in Georgia, contact the state Department of Labor.
Wage and hour laws set the basic standards for pay and time worked, covering issues like minimum wage, tips, overtime, meal and rest breaks, what counts as time worked, when you must be paid, things your employer must pay for, and so on.
The federal wage and hour law is called the Fair Labor Standards Act. Most states also have their own wage and hour laws, and some local governments (like cities and counties) do, too. An employer who is subject to more than one law must follow the law that is most generous to the employee. For example, the federal minimum wage is currently $7.25 per hour, but employers in states that have set a higher minimum wage must pay the higher amount.
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Updated February 12, 2021