The Georgia Labor Law Guide

Minimum wage is the legally mandated lowest hourly rate for nonexempt employees. The federal baseline applies broadly, and states and localities may set higher rates.

• Federal rate: $7.25 per hour, which applies to most FLSA-covered employers.
• State rate: $5.15 per hour, which applies only to employers not covered by the federal FLSA.

Because Georgia's state minimum wage is lower than the federal rate, the federal minimum wage of $7.25 applies to the vast majority of employees in the state. Georgia cities generally do not set independent minimum wage rates.

The tipped minimum wage is the lowest cash wage an employer may pay FLSA-covered, nonexempt employees who customarily and regularly receive tips. The rate is $2.13 per hour, the federal standard. Georgia law does not set a separate tipped minimum wage.

Employers may pay $2.13 per hour in cash wages if the employee's tips combined with cash wages equal at least $7.25 per hour weekly. If total compensation falls short, the employer must pay the difference.

Georgia overtime law defaults to the federal Fair Labor Standards Act (FLSA). Employers must pay non-exempt employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.

Georgia law does not require private employers to provide meal periods or rest breaks to adult employees. The FLSA does not require them either.

If an employer provides breaks, federal wage and hour rules apply:

• Rest breaks: short breaks (5-20 minutes) must be paid and count as hours worked.
• Meal periods: bona fide meal periods (typically 30 or more minutes) need not be paid if the employee is completely relieved of all work duties.

Vacation leave

Georgia law does not require private employers to provide paid or unpaid vacation leave. Employers may offer it at their discretion, with terms governed by written policy or employment agreement.

Paid sick leave (Kin Care Law)

Georgia law does not require employers to provide paid sick leave. However, if an employer with 25 or more employees provides paid sick leave, Georgia law requires allowing employees to use up to five days of accrued paid sick leave per year to care for an immediate family member. Immediate family includes a spouse, child, parent, grandparent, or dependent.

Holidays

Georgia law does not require private employers to provide paid or unpaid holiday leave.

Minors ages 16-17

• No state or federal work hour restrictions apply.
• These minors may work unlimited hours, including during school.
• They may not work in hazardous occupations as defined by the U.S. Department of Labor under the FLSA.

Minors ages 14-15

Georgia follows federal child labor law for work hour restrictions.

• When school is in session: a maximum of 3 hours on a school day and 18 hours in a school week.
• When school is not in session: a maximum of 8 hours per day and 40 hours in a non-school week.
• Time of day: may not work before 7:00 a.m. or after 7:00 p.m. (extended to 9:00 p.m. from June 1 through Labor Day).
• During school hours: may not work while public or private schools are in session, regardless of attendance status, unless the minor has completed senior high school or been formally excused by the local board of education.