The Georgia Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay nonexempt employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. 

• Federal Rate: $7.25 per hour (Applies to most employers covered by the FLSA).

• State Rate: $5.15 per hour (Applies only to employers not covered by the federal FLSA).

• Compliance Note: Georgia has a state-set minimum wage of $5.15. However, because this is lower than the federal rate, the federal minimum wage of $7.25 applies to the vast majority of employees in the state. Local cities in Georgia generally do not set their own higher minimum wage rates.

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Requirement:

Tipped minimum wage is the lowest hourly cash wage employers may pay FLSA-covered, nonexempt employees who customarily and regularly receive tips.

Rate:

$2.13 per hour (federal standard). Georgia law does not establish a separate tipped minimum wage.

Compliance Note:

Employers may pay a cash wage of $2.13 per hour, provided that the employee’s tips, combined with the cash wage, equal at least the federal minimum wage of $7.25 per hour. If an employee’s total compensation does not meet this threshold in a workweek, the employer must pay the difference.

Requirement: Georgia overtime laws default to the federal Fair Labor Standards Act (FLSA).

• Rule: Employers must pay non-exempt employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.

Requirement: Georgia law does not require private employers to provide meal periods or rest breaks to adult employees.

Federal Rule: The federal Fair Labor Standards Act (FLSA) also does not require employers to provide meal or rest breaks.

Policy Control: If an employer chooses to provide breaks, federal wage and hour rules apply:

• Rest Breaks: Short breaks (typically lasting 5–20 minutes) must be paid and are counted as hours worked.

• Meal Periods: Bona fide meal periods (typically 30 minutes or more) do not need to be paid, provided the employee is completely relieved of all work duties during the break.

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Vacation Leave

Requirement: Georgia law does not require private employers to provide paid or unpaid vacation leave.

Policy Control: Employers may offer vacation leave at their discretion. If provided, the terms and conditions of vacation leave are governed by the employer’s written policy or employment agreement.

Paid Sick Leave (“Kin Care” Law)

Accrual: Georgia law does not require employers to provide paid sick leave.

Kin Care Requirement: If an employer with 25 or more employees chooses to provide paid sick leave, Georgia law (O.C.G.A. § 34-1-10) requires the employer to allow an employee to use up to five days of accrued paid sick leave per year to care for an immediate family member.

Immediate family members include a spouse, child, parent, grandparent, or dependent.

Holidays

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

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Minors Ages 16–17

• No state or federal work hour restrictions apply to minors aged 16 or 17.

• These minors may work unlimited hours, including during school hours.

• However, they may not work in hazardous occupations as defined by the U.S. Department of Labor under the Fair Labor Standards Act (FLSA).

Minors Ages 14–15

Georgia follows federal child labor law for work hour restrictions:

When School Is in Session

• Maximum of 3 hours on a school day

• Maximum of 18 hours in a school week

When School Is Not in Session

• Maximum of 8 hours per day

• Maximum of 40 hours in a non-school week

Time-of-Day Restrictions

• May not work before 7:00 a.m.

• May not work after 7:00 p.m.

  • (Extended to 9:00 p.m. from June 1 through Labor Day)

During School Hours

• May not work during hours when public or private schools are in session, regardless of school attendance status (e.g., home-schooled, excused, married, etc.), unless the minor has completed senior high school or been formally excused by the local board of education.

Hiring (Anti-Discrimination)

• Federal Law: Georgia employers are subject to federal anti-discrimination laws, including Title VII of the Civil Rights Act (employers with 15+ employees), the ADA (15+ employees), and the ADEA (20+ employees). These prohibit discrimination based on race, color, religion, sex, national origin, disability, and age (40+).

• Georgia State Law (Private Employers):

  • Age: Georgia law (O.C.G.A. § 34-1-2) prohibits age discrimination against individuals between the ages of 40 and 70. unlike the federal ADEA, this state statute applies to all private employers regardless of size, but violations are classified as misdemeanors (fines of $100–$250) and do not provide a private right of action for the employee to sue for damages.

  • Disability: The Georgia Equal Employment for Persons with Disabilities Code prohibits discrimination based on disability by employers with 15 or more employees. This statute provides protections similar to, but legally distinct from, the federal ADA.

• Public Employers: The Georgia Fair Employment Practices Act prohibits discrimination in public employment based on race, color, religion, sex, national origin, age, disability, or political affiliation.

Firing

Georgia supports “at-will” employment laws. All Georgia employers have the right to terminate employees at will for nearly any reason and no reason at all, as long as the reason is not discriminatory, retaliatory, or otherwise unlawful.