Filing a Wage and Hour Claim - Georgia

Georgia does not have overtime laws that are different from federal overtime law.

The current minimum wage in Georgia is $5.15 per hour and applies to non-exempt employees. Otherwise, Georgia’s minimum wage is equal to the federal minimum wage of $7.25. Employers may use gratuities as compensation, which makes tipped workers subject to the federal tipped minimum of $2.13 per hour.

The following employees are exempt from Georgia’s minimum wage law:

  • Employees of an employer that has sales of $40,000 per year or less
  • Employees of an employer that has fewer than six employees
  • Domestic employees
  • High school and college students
  • Newspaper carriers
  • Employees who work and reside at a nonprofit child-care or long-term care facilities serving children or mentally disabled adults and reside in such facilities, and is paid more than $10,000 per year

In 2004, Georgia passed a law that stops any cities or counties in the state from passing their own minimum wage laws. Therefore, only state and federal minimum wage laws apply.

Georgia does not have any meal or rest break requirements.

There are strict time limits in which minimum wage claims must be filed. You must file within three years from the date that the claim arose. As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring.

In Georgia, an employee can file a private lawsuit if he or she is paid less than the minimum wage to recover past compensation, liquidated damages, attorney’s fees and costs.

Georgia has no state agency that enforces wage and hour laws; see the local DOL offices below.

Atlanta District Office
US Dept. of Labor
Wage and Hour Division
61 Forsyth Street, SW Room 7M10
Atlanta, GA 30303
Phone: (678) 237-0525
Toll-Free: 1-866-487-9243

Atlanta North Area Office
Harris Tower
233 Peachtree Street, N.E. Suite 650
Atlanta, GA 30303
Phone: (404) 593-1889
Toll-Free: 1-866-487-9243

Savannah Area Office
US Dept. of Labor
Wage and Hour Division
Oglethorpe Office Park
450 Mall Blvd., Suite D
Savannah, GA 31406
Phone: (912) 652-4221
Toll-Free: 1-866-487-9243

For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.