Georgia Minimum Wage: Current Rate & Scheduled Increases

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206, establishes the federal minimum wage at $7.25 per hour, effective since July 24, 2009. This rate applies to all covered employees in Georgia and across the nation. The FLSA covers employers engaged in interstate commerce with at least $500,000 in annual revenue, as well as certain healthcare, educational, and public agency employers regardless of revenue. When state and federal minimum wage rates differ, the employer must pay whichever is higher—in Georgia's case, the federal $7.25 rate applies to all covered workers.

The Department of Labor (DOL), Wage and Hour Division, enforces the FLSA. Covered employees include non-exempt workers who are entitled to minimum wage protections. Exempt categories include certain executive, administrative, professional, outside sales, and computer employees who meet specific salary and duties tests. Remedies for violations include back wages, an equal amount in liquidated damages, and attorney's fees and costs. The FLSA also permits employees to file lawsuits directly in federal or state court.

Georgia's minimum wage statute, O.C.G.A. § 34-7-2, sets the state minimum wage at $5.15 per hour. This rate is substantially lower than the federal minimum wage of $7.25 per hour. Because Georgia has not adopted a minimum wage above the federal floor, the federal rate preempts Georgia's lower rate under the Supremacy Clause of the U.S. Constitution. Employers in Georgia must pay all covered employees at least $7.25 per hour, regardless of what Georgia's statute says.

Georgia's Department of Labor enforces the state's wage and hour laws separately from federal enforcement. The state does not provide additional protections beyond federal law for minimum wage compliance. Georgia employers are covered under both the FLSA (federal) and O.C.G.A. § 34-7-2 (state), but the federal standard controls in practice. There is no state-specific higher threshold or expanded coverage class in Georgia that exceeds federal requirements. Remedies available under Georgia state law mirror federal FLSA remedies: back wages and liquidated damages, but Georgia does not offer enhanced penalties or treble damages for willful violations as some states do.

Unlike some states, Georgia has not indexed its minimum wage to inflation and has not created regional variations. Georgia also does not mandate higher minimum wages for workers in specific industries or for tipped employees beyond federal tipping rules (where tipped employees can be paid $2.13 per hour if tips bring them to $7.25). Employees and employers in Georgia should rely on federal FLSA standards for minimum wage compliance.

Georgia employers are not required to pay minimum wage to certain exempt employee categories under the FLSA, and Georgia state law does not broaden these exemptions. Exempt categories include: (1) executive employees earning at least $455 per week who manage a department or business unit and exercise discretionary authority; (2) administrative employees earning at least $455 per week with primary duties involving office work or management decisions affecting business operations; (3) professional employees earning at least $455 per week with advanced knowledge in science, mathematics, law, medicine, or the arts; (4) outside sales employees who regularly work away from the employer's premises and earn primarily through sales commissions; (5) computer employees earning at least $455 per week in certain technical roles.

Additionally, Georgia employers are not required to pay minimum wage to: (1) family members in a family business; (2) volunteers for non-profit or government agencies; (3) certain apprentices and student-learners under DOL apprenticeship or cooperative education programs; (4) disabled workers on sub-minimum wage certificates issued by the DOL (though these are rare and heavily regulated). Small employers with fewer than $500,000 in annual revenue and no interstate commerce involvement are not covered by the FLSA, though Georgia's own statute theoretically covers them—but Georgia's lower $5.15 rate would not be enforceable if federal coverage applies.

Georgia is an at-will employment state, meaning employers may terminate employees for any reason not prohibited by law, including minimum wage disputes. However, employers cannot lawfully terminate an employee for filing a wage claim or complaint with the DOL—this would constitute unlawful retaliation under the FLSA. Georgia does not have a separate state minimum wage enforcement mechanism that would provide faster relief than federal processes.

Step 1 – Document the violation carefully. Keep detailed records of: (1) your pay stubs and the hourly rate paid; (2) your work hours and schedule (maintain a personal time log with dates, start times, end times, and tasks); (3) any communications from your employer about wages (emails, text messages, handwritten notes); (4) any other employees' pay information if you have access; (5) screenshots or photos of timeclock records if available. Store originals in a secure location and create backup copies. Documentation is critical because the burden will be on you to prove unpaid wages.

Step 2 – Attempt an internal complaint process, though this is not required under federal law. Speak directly with your manager, HR department, or payroll in writing (email preferred so you have a record) stating: "I believe I am owed minimum wage of $7.25 per hour. My records show I earned [X] per hour. Please provide a corrected paycheck." Keep a copy of your written request. While employers are not legally required to remedy the violation after an internal complaint, documenting your complaint creates evidence of notice and can help prove damages in litigation. Give the employer a reasonable time (5–10 business days) to respond before escalating.

Step 3 – File a formal complaint with the U.S. Department of Labor, Wage and Hour Division. You can file online at www.dol.gov/agencies/whd/contact/complaints or by phone at 1-866-4-USDOL (1-866-487-3635). You may also visit a local Wage and Hour office; the Atlanta office serves Georgia. Provide: (1) your name, address, and phone number; (2) your employer's name, address, and phone number; (3) the dates the violations occurred; (4) your hourly rate and actual wages paid; (5) your duties and work hours; (6) copies of pay stubs and documentation. There is no filing deadline under the FLSA itself, but wages earned more than 2 years ago may not be recoverable (3 years if the violation was willful, meaning the employer knew or showed reckless disregard). File as soon as possible to preserve your claim.

Step 4 – Understand the investigation process. After you file, the DOL Wage and Hour Division will contact your employer to request payroll records, time records, and a written response to your allegations. This investigation typically takes 30–90 days, though complex cases may take longer. The DOL investigator will compare your submitted documentation against the employer's records. You may be interviewed by phone or in person. During this time, continue working if you are still employed, but do not assume the employer will take adverse action—retaliation is illegal. The DOL will issue a findings letter detailing whether a violation occurred. If the DOL finds in your favor, they will attempt to negotiate a settlement with your employer to pay back wages. If the employer refuses, the DOL may refer the case to the Department of Justice for potential litigation, though this is not automatic.

Step 5 – Consult an employment law attorney. You have the right to file a private lawsuit under the FLSA in federal or state court without filing with the DOL first. An attorney specializing in wage and hour law can: (1) evaluate the strength of your claim; (2) calculate the full amount of back wages and liquidated damages (equal to back wages); (3) assess whether your case qualifies for collective action (allowing other similarly situated employees to join); (4) negotiate a settlement or litigate. Many wage and hour attorneys work on contingency, meaning you pay nothing upfront and they take a percentage of the recovery. The FLSA permits recovery of attorney's fees and costs if you win, so your attorney fees may be paid from the judgment. Contact the Georgia State Bar or the National Employment Lawyers Association (NELA) for referrals to qualified wage and hour attorneys in your area.