Domestic Worker Rights in Georgia: Nannies, Housekeepers & Home Aides

The Fair Labor Standards Act (29 U.S.C. § 206 and § 207) is the primary federal law protecting domestic workers, enforced by the U.S. Department of Labor Wage and Hour Division. The FLSA requires employers to pay domestic workers at least the federal minimum wage of $7.25 per hour and provides overtime protection at 1.5 times the regular rate for all hours worked over 40 in a workweek.

Domestic workers covered under the FLSA include those employed in private households as housekeepers, nannies, gardeners, cooks, and other household employees. However, 29 U.S.C. § 552 provides a specific exemption for live-in domestic service employees who work on a casual or intermittent basis and do not work more than a certain threshold of hours. This exemption is narrowly construed and applies only when the live-in worker is employed on a truly intermittent or occasional basis—not full-time.

Federal law also requires employers to maintain accurate records of hours worked and wages paid. Domestic workers can file wage complaints with the DOL Wage and Hour Division if they believe their employer has violated minimum wage or overtime requirements. The FLSA does not require prior notice or internal complaint procedures before filing with the federal agency. Remedies available include back pay, liquidated damages equal to the amount of back pay, and in some cases attorney's fees and costs.

Georgia state law does not provide independent protections for domestic workers beyond federal law. Georgia Code § 34-7-2 establishes that Georgia's wage and hour standards follow federal requirements under the Fair Labor Standards Act, but Georgia does not supplement or strengthen these federal protections with state-specific rules.

Unlike states such as California, New York, and Illinois, Georgia has not enacted a domestic worker bill of rights or established state-specific wage, hour, or working condition protections for domestic workers. This means that all domestic workers in Georgia are covered exclusively by federal law standards. There is no Georgia state minimum wage higher than the federal minimum of $7.25 per hour. There are no Georgia state overtime requirements that exceed federal standards.

Georgia law does not require written employment agreements, specified break periods, or advance notice of termination for domestic workers. Georgia is an at-will employment state, meaning employers may terminate domestic workers without cause and without notice, subject only to federal non-discrimination laws. Domestic workers in Georgia have no state-created right to paid leave, sick time, or vacation pay unless individually negotiated.

Georgia employers of domestic workers are subject to federal payroll tax obligations, including Social Security and Medicare withholding if the domestic worker earns more than $2,600 annually (as of 2024, adjusted annually). However, Georgia does not impose additional state payroll reporting requirements beyond federal law. Remedies for wage violations are available only under federal FLSA claims and must be pursued through the U.S. Department of Labor or federal court.

The primary federal exemption affecting Georgia domestic workers is the live-in domestic service employee exemption under 29 U.S.C. § 552. This exemption exempts from overtime requirements (but not minimum wage) live-in domestic service employees employed on a casual or intermittent basis. The exemption applies only to truly intermittent or occasional work—not full-time or regular employment. Courts interpret this narrowly; if a live-in domestic worker is regularly scheduled or works on a sustained basis, the exemption does not apply and overtime rights are restored.

Another significant exemption is the companionship services exemption under 29 U.S.C. § 213(a)(15), which historically exempted companions and home care aides providing care for the elderly or disabled. However, this exemption was narrowed by the 2015 rule change and now applies only in limited circumstances. Domestic workers providing care services may still be entitled to overtime pay depending on the nature of their duties and employment arrangement.

At-will employment principles in Georgia allow employers to terminate domestic workers without cause, but this does not create an exception to wage law obligations. Employers cannot avoid paying earned wages or overtime by terminating an employee. If a domestic worker is terminated mid-week, all wages for hours already worked must be paid at the rate promised or the legal minimum wage.

Georgia law does not recognize household membership or family relationship as an exception to wage laws. Even if a domestic worker is treated as family or lives in the employer's home, minimum wage and overtime obligations apply if the worker meets FLSA coverage criteria. The exception for immediate family members employed in a family business does not extend to domestic service work.

**Step 1: Document Everything**

Immediately begin keeping detailed records of all hours worked, including date, start time, end time, and tasks performed. Use a simple notebook, phone notes, or calendar to record daily work hours. Photograph or take screenshots of text messages, emails, or other communications showing work assignments and pay discussions. Save all pay stubs or written records of payment if provided. Keep records of any agreements about wages, overtime, days off, or working conditions, whether verbal or written. Document any instances where you worked overtime without receiving overtime pay or were paid less than $7.25 per hour.

**Step 2: Attempt Internal Resolution (Optional)**

If you feel safe doing so, request a meeting with your employer to discuss wage concerns. Clearly explain which hours you worked, what you were paid, and what you believe you are owed under federal minimum wage or overtime law. Put your concerns in writing via email or letter if possible, keeping a copy for your records. This step is not required by law but may help resolve the matter quickly without litigation. However, if your employer becomes hostile, defensive, or refuses to discuss the issue, do not continue attempting to resolve it internally—proceed to file a complaint.

**Step 3: File a Wage Complaint with the U.S. Department of Labor**

Contact the U.S. Department of Labor Wage and Hour Division at 1-866-4-USDOL (1-866-487-3652) or visit www.dol.gov/agencies/whd/contact/local-offices to find the Atlanta regional office serving Georgia. You can file a wage complaint online at www.dol.gov/agencies/whd/contact or by phone. Provide your name, contact information, employer name and address, dates of employment, description of work performed, hours worked (with dates if possible), and wages paid. Include copies of documentation (pay stubs, records, emails, photos of time records). There is no filing fee and you do not need an attorney to file. The complaint must be filed within 2 years of the wage violation (or 3 years if the violation was willful, meaning the employer knowingly violated the law).

**Step 4: Expect the DOL Investigation Process**

After filing, a DOL Wage and Hour Division investigator will contact you and your employer. The investigation typically takes 30–90 days depending on case complexity and agency caseload. The investigator will request records from your employer including time records, payroll documents, and employment agreements. You will be asked to provide detailed information about hours worked and compensation received. The investigator will review federal law requirements and determine if the employer violated the FLSA. If a violation is found, the DOL may issue a notice of violation and demand payment. The employer may be assessed liquidated damages (an amount equal to unpaid wages as a penalty) and may face future compliance monitoring.

**Step 5: Consult an Employment Attorney If Needed**

If the DOL investigation does not result in payment or if your employer refuses to pay even after DOL involvement, contact an employment law attorney licensed in Georgia. Many employment attorneys work on contingency, meaning you pay nothing unless you win or settle your case. An attorney can file a civil lawsuit in federal court under the FLSA to recover unpaid wages, liquidated damages, and attorney's fees. You can also contact legal aid organizations such as Atlanta Legal Aid (www.atlantalegalaid.org) if you cannot afford a private attorney. An attorney may also advise you on potential retaliation claims if your employer takes adverse action against you for filing a wage complaint.