Georgia Wage & Hour Law: Minimum Wage, Final Paychecks & Overtime

Georgia's state minimum wage of $5.15 per hour (O.C.G.A. § 34-4-3) is superseded by the federal FLSA minimum of $7.25 for covered employers. Final paychecks are due on the next regularly scheduled payday under O.C.G.A. § 34-7-2. Georgia prohibits local governments from setting a higher minimum wage.

This is general information, not legal advice. A Georgia employment attorney can help.

Georgia’s Minimum Wage — and Why the Federal Rate Controls

Georgia has its own minimum wage: $5.15 per hour, set by O.C.G.A. § 34-4-3. That rate has not changed since 2001. In practice, it is largely irrelevant: the federal Fair Labor Standards Act (FLSA) sets a minimum wage of $7.25 per hour, which preempts the lower state rate for any employer engaged in interstate commerce — which covers the vast majority of Georgia businesses.

If you work for a small private household, a small farm, or another employer not covered by the FLSA, the state’s $5.15 rate technically applies. For everyone else, the federal $7.25 floor is what matters.

No Local Minimum Wages Allowed

Unlike some states, Georgia prohibits cities and counties from setting a minimum wage higher than the state rate. O.C.G.A. § 34-4-3.1 expressly bars local governments from enacting ordinances that establish a minimum wage or otherwise regulate wages, so there is no Atlanta minimum wage, no Savannah minimum wage, and no local rate anywhere in Georgia that exceeds the state standard.

Tipped Employees

Under the FLSA, employers may pay tipped employees as little as $2.13 per hour in direct wages, provided the employee’s tips bring total earnings to at least $7.25 per hour. This is called the tip credit. If tips do not make up the difference in a given workweek, the employer must pay the shortfall. Georgia does not have a separate tipped minimum wage law; the federal FLSA rules apply.

Final Paychecks

When employment ends — whether through termination or resignation — Georgia law governs when you receive your last check. Under O.C.G.A. § 34-7-2, your employer must pay you on the next regularly scheduled payday. There is no Georgia requirement to pay you on your last day of work, and there is no accelerated deadline triggered by a firing rather than a resignation.

If your employer misses the next scheduled payday and fails to pay wages owed, you have options:

FLSA lawsuit: If the unpaid wages involve minimum wage or overtime, you can sue in federal court for the unpaid amount, an equal amount as liquidated damages, and attorney fees.
U.S. Department of Labor complaint: The Wage and Hour Division investigates FLSA violations at no cost to you.
Georgia state court: A breach of contract or quantum meruit claim in state court may be available for unpaid wages not covered by the FLSA.

Overtime

Georgia has no state overtime law. Overtime rights come entirely from the FLSA: non-exempt employees must receive at least 1.5 times their regular rate for all hours worked over 40 in a workweek. Whether you qualify as exempt depends on your salary level and the nature of your job duties under federal regulations. Common misclassifications — calling a worker a “manager” to avoid overtime — are a frequent source of wage claims.

Statute of Limitations for Wage Claims

The FLSA gives you two years from the date of the violation to file a claim. If the violation was willful — meaning the employer knew or recklessly disregarded that it was violating the law — the deadline extends to three years.

If you believe your employer owes you wages, consult an attorney promptly to preserve your claim. To find a Georgia employment attorney, visit our attorney finder.

Frequently asked questions

What is the minimum wage in Georgia?

Technically, Georgia's state minimum wage is $5.15 per hour under O.C.G.A. § 34-4-3. However, the federal Fair Labor Standards Act requires covered employers to pay at least $7.25 per hour, which preempts the lower state rate for most workers. Unless your employer is a very small operation not covered by the FLSA, you are entitled to the $7.25 federal minimum.

When must my employer give me my final paycheck in Georgia?

Under O.C.G.A. § 34-7-2, your final paycheck is due on the next regularly scheduled payday — whether you quit or were fired. Georgia has no law requiring an employer to pay you immediately on the day of termination. If your employer misses the next scheduled payday, you can file a complaint with the U.S. Department of Labor or pursue a claim under the FLSA.

Am I entitled to overtime pay in Georgia?

Yes, but the obligation comes from federal law — the FLSA — not from any Georgia statute. Under the FLSA, non-exempt employees must be paid at least 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. Georgia has no separate state overtime law. Whether you are 'exempt' depends on your job duties and salary level under federal Department of Labor regulations.

Related guides

At-Will Employment in Georgia Georgia codifies at-will employment in O.C.G.A. § 34-7-1, allowing either party to end an indefinite employment relationship at any time. Unlike most states, Georgia recognizes no public-policy exception to at-will employment for private employees, leaving workers with only a narrow set of legal protections against termination.

Non-Compete Agreements in Georgia The Georgia Restrictive Covenants Act, effective May 11, 2011, reversed decades of hostile Georgia case law by allowing courts to blue-pencil overbroad non-compete agreements rather than void them entirely. The Act applies to key employees, professionals, and certain sales employees — not all workers — and presumes agreements of two years or less to be reasonable in duration.

Unemployment Benefits in Georgia Georgia unemployment insurance is administered by the Georgia Department of Labor. Eligible claimants can receive up to $365 per week (verify current rate at dol.georgia.gov) for 14 to 26 weeks, depending on the state's unemployment rate. Claimants must actively search for work, making at least 3 employer contacts per week.

Workplace Discrimination in Georgia Georgia has no comprehensive state anti-discrimination law for private employers. Private employees must rely on federal law — principally Title VII, the ADEA, and the ADA — and must file an EEOC charge before suing. State employees are covered by the separate Georgia Fair Employment Practices Act.

Wrongful Termination in Georgia Because Georgia recognizes no public-policy exception to at-will employment for private employees, very few terminations are legally 'wrongful' in Georgia. Recognized exceptions are narrow: federal discrimination and retaliation claims, retaliation for a workers' compensation claim, breach of a written employment contract, and statutory protections for public employees.

Wages and Final Paychecks in Georgia