Georgia Minimum Wage: Rate, Tipped Wage, and Local Rules

Georgia's statutory state minimum wage is $5.15 per hour (O.C.G.A. § 34-4-3) as of 2026 - one of the lowest figures on the books in the country and well below the federal floor. In practice, almost no Georgia worker legally earns $5.15. Because the federal Fair Labor Standards Act (FLSA) sets a minimum wage of $7.25 per hour, and federal law controls whenever it is higher than state law, the great majority of employees in Georgia must be paid at least $7.25. The state's lower number only matters for the narrow set of workers and employers who are not covered by the FLSA. Georgia has no scheduled increases and no inflation indexing, so the $5.15 figure has not changed in decades. Always confirm the current rate with the Georgia Department of Labor before relying on a number.

Why the effective minimum wage is $7.25, not $5.15

When a state minimum wage is lower than the federal minimum wage, the FLSA's $7.25 wins for any employee the FLSA covers. The FLSA reaches workers two ways. First, enterprise coverage applies to businesses with annual gross sales of at least $500,000 and to hospitals, schools, and government agencies regardless of size. Second, individual coverage applies to employees whose work regularly involves interstate commerce - handling goods that crossed state lines, making out-of-state calls, processing credit card transactions, and similar activities. Between these two paths, the vast majority of Georgia jobs fall under federal law, which is why $7.25 is the real-world floor for most workers in the state.

Georgia's own statute also carves itself down. The $5.15 state rate does not apply to employers that are subject to the FLSA, and it explicitly does not apply to certain categories such as employers with five or fewer employees, employers of domestic workers, farm owners, and others listed in O.C.G.A. § 34-4-3. For those few who fall outside both the FLSA and the state exemptions, $5.15 - or even an unregulated wage - can technically be lawful, which is why coverage analysis matters so much in Georgia.

Tipped employees and the tip credit

Georgia has no separate state tipped-wage law that sets a higher cash wage, so tipped workers in Georgia are governed by the FLSA's tip-credit rules. Under federal law, an employer may pay a tipped employee a cash wage of $2.13 per hour and claim a tip credit of up to $5.12 per hour, as long as the cash wage plus actual tips equals at least $7.25 for every hour worked. A "tipped employee" is one who customarily and regularly receives more than $30 a month in tips.

Key protections come with the tip credit. If an employee's tips plus the $2.13 cash wage do not reach $7.25 in a given workweek, the employer must make up the difference. Tips are the property of the employee; an employer may not keep employee tips for any purpose. A valid tip pool may be shared among employees who customarily receive tips, but managers and supervisors cannot share in it. Employers must also notify employees before taking a tip credit. If any of these conditions are not met, the employer loses the tip credit and owes the full $7.25 plus the tips.

Overtime in Georgia

Georgia has no state overtime statute, so overtime is governed entirely by the FLSA. Non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek. There is no daily overtime in Georgia and no requirement to pay extra for weekends or holidays unless those hours push the total past 40. Common exemptions - executive, administrative, professional, outside sales, and certain computer employees - follow the federal salary-basis and duties tests. Whether a worker is exempt turns on actual job duties and salary, not job title.

City and county minimum wages are preempted

Georgia does not allow local governments to set their own minimum wage. State law (O.C.G.A. § 34-4-3.1) expressly preempts cities and counties from establishing a minimum wage rate that an employer would be required to pay. This means there is no Atlanta minimum wage, no Savannah minimum wage, and no county-level wage floor that exceeds federal law for private employers. As a result, the answer is uniform across the state: the FLSA's $7.25 is the operative minimum wage in every Georgia city and county. (Local governments may set pay for their own public employees, but they cannot impose a higher private-sector minimum.)

Subminimum wages and special categories

A few federal provisions allow pay below $7.25 in limited circumstances, and Georgia follows them. Employers may pay a youth minimum wage of $4.25 per hour to workers under 20 during their first 90 consecutive calendar days of employment. Full-time students, student learners, and certain workers with disabilities may be paid subminimum wages only under specific U.S. Department of Labor certificates. These are narrow exceptions and come with strict conditions; an employer cannot simply pay a teenager less indefinitely or displace existing workers to hire youth at the lower rate.

How to enforce your rights

Because most Georgia wage claims arise under federal law, the primary enforcement agency is the U.S. Department of Labor, Wage and Hour Division (WHD), which investigates minimum-wage and overtime violations and can recover back wages. A worker can also file a private FLSA lawsuit for unpaid minimum wages or overtime, and may recover back pay plus an equal amount in liquidated damages and attorney's fees. The FLSA generally allows claims going back two years, or three years for willful violations. The FLSA also prohibits retaliation against employees who complain about wages or participate in an investigation.

For state-level questions, the Georgia Department of Labor (GDOL) handles wage-related matters such as final-pay and certain wage-payment issues, though Georgia's minimum-wage statute itself is narrow. Keep your own records - hours worked, pay stubs, and tip reports - because they are often the strongest evidence in a wage dispute.

Where to verify the current rate

Minimum-wage numbers and tip-credit rules can change, and YMYL details should never be taken on faith. Confirm the current figures directly with the Georgia Department of Labor (the state workforce agency) and with the U.S. Department of Labor, Wage and Hour Division, which publishes the federal minimum wage, the $2.13 tipped cash wage, and current overtime rules. If the federal minimum wage is ever raised above $7.25, that higher federal number - not Georgia's $5.15 - would immediately become the effective floor for covered Georgia workers.

Official Georgia Sources

This page is based on Georgia employment law. Rules and figures change — verify the current details directly with the official Georgia sources below. This is general legal information, not legal advice.

• Georgia Department of Labor — official Georgia agency.
• Obtain Information About An Employment Issue (Georgia Department of Labor)

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Georgia state law.