What is the minimum wage in Georgia?

Question

Accepted Answer

Georgia's minimum wage is governed by O.C.G.A. §§ 34-4-1 through 34-4-7 and the federal Fair Labor Standards Act.

1. State vs. Federal Rate

State rate: $5.15/hour (O.C.G.A. § 34-4-3) — unchanged since 2001.

Federal rate (FLSA): $7.25/hour — applies to most workers.

For FLSA-covered employees (the vast majority), the federal $7.25 controls because it is higher.

2. Who is FLSA-Covered?

Employers are subject to FLSA if they have:

Annual gross volume of sales/business of $500,000+, OR

Employees engaged in interstate commerce (very broad — includes phone calls across state lines, handling out-of-state mail, processing credit cards).

The vast majority of Georgia employers are FLSA-covered.

3. Workers Covered ONLY by State $5.15

Workers at very small Georgia employers not engaged in interstate commerce technically fall under just the state $5.15 rate. This is rare in practice.

4. State Exemptions (O.C.G.A. § 34-4-3(c))

Georgia's $5.15 does NOT apply to:

Domestic employees.

Farm owners, sharecroppers, land renters.

Certain seasonal employees.

Employers with sales of less than $40,000/year.

Employers with 5 or fewer employees.

High school/college students.

Newsboys.

Tipped employees.

5. Tipped Workers

Federal rules apply: $2.13/hour cash wage + tips that bring employee to $7.25 (29 U.S.C. § 203(m)).

6. Local Preemption

O.C.G.A. § 34-4-3.1 prohibits any county, municipality, or other political subdivision from establishing a minimum wage or wage-and-benefit mandate above the state level. Atlanta, Savannah, etc. cannot set higher local minimums for private employers.

7. Overtime

Georgia has no state overtime law; federal FLSA controls: 1.5x after 40 hours/week. No daily overtime.

8. Salary Threshold for Exempt Employees

Federal threshold: $684/week ($35,568/year) for executive/admin/professional exemption.

9. Enforcement

Georgia Department of Labor handles state law claims; U.S. DOL Wage & Hour Division handles FLSA claims. No state private right of action specifically for minimum wage; federal FLSA provides 2-year (3-year if willful) statute of limitations and liquidated damages.

This is legal information, not legal advice.