Georgia — Wage & Hour

Georgia's statutory minimum wage is $5.15 per hour under O.C.G.A. § 34-4-3. The state statute expressly excludes employers subject to the Fair Labor Standards Act when the federal minimum wage exceeds the state rate. With limited exceptions, the federal minimum wage of $7.25 per hour (effective July 24, 2009) applies to most covered employers and employees in Georgia.

Source: Georgia Department of Labor – Minimum Wage

Georgia has no state overtime statute. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 207, supplies the overtime rule for covered nonexempt employees: 1.5 times the regular rate of pay for all hours worked over 40 in a workweek. Georgia law adds no daily overtime threshold, no double-time requirement, and no state-specific salary floor for exemptions. Practitioners should consult the federal guide for white-collar exemptions, salary-basis tests, and the FLSA's regular-rate-of-pay components.

Source: Georgia Department of Labor – FLSA FAQ

Georgia requires most employers to pay employees at least twice per month under O.C.G.A. § 34-7-2. The statute applies to employers of "skilled or unskilled wageworkers in manual, mechanical, or clerical labor" but excludes three groups: (1) farming, sawmill, and turpentine industries; (2) officials, superintendents, or other heads or subheads of departments who are paid a stipulated salary (these executive-level employees may be paid monthly or less frequently); and (3) employees in the three excluded industries.

For covered employees, the employer selects the specific paydates, provided the month is divided into at least two equal pay periods. The statute permits payment by lawful money, check, or — with the employee's written consent — electronic credit transfer (direct deposit). Employers may not require an employee to accept direct deposit; consent must be voluntary.

Payroll card accounts. Georgia amended § 34-7-2 in 2015 (effective May 5, 2015) to permit payment via payroll card account (a prepaid card loaded with wages each pay period). The statute was further amended in 2019 to refine the payroll card provisions. If an employer elects to use payroll cards, it must provide each employee with a written explanation of all fees associated with the card at least 30 days before the card becomes available. For employees hired after the employer adopts payroll cards, the fee disclosure must be provided at the time of hiring.

No state rule on final paycheck timing. Georgia has no statute specifying when a final paycheck must be paid after separation (whether termination or resignation). The general understanding is that final wages are due on the next regularly scheduled payday, consistent with the federal FLSA requirement that all wages earned must be paid. Georgia also has no waiting-time penalty statute for late final pay.

Separation notice required. Separately, Georgia requires every employer to provide a separated employee with a completed Separation Notice (Georgia DOL Form DOL-800) on the employee's last day of work, or within three days by mail if the employee is unavailable. This is a mandatory UI reporting requirement under O.C.G.A. § 34-8-190, distinct from the timing of the paycheck itself.

Source: O.C.G.A. § 34-7-2 (via Georgia General Assembly)

Source: O.C.G.A. § 34-8-190 (via Georgia General Assembly)

Source: Georgia Department of Labor — Employer Handbook

Georgia requires employers subject to its Minimum Wage Law (O.C.G.A. Chapter 34-4) to maintain records showing the hours worked by each employee and the wages paid, under O.C.G.A. § 34-4-5. The statute also obligates employers to furnish a sworn statement of hours and wages to the Commissioner of Labor upon demand and to make records available for inspection by the Commissioner, deputy, or any authorized agent of the department "at any reasonable time." Employers must also post copies of any regulation or order issued under Chapter 34-4 in a conspicuous place frequented by employees.

Scope of coverage. O.C.G.A. § 34-4-5 applies to "every employer subject to this chapter." Georgia's Minimum Wage Law sets a $5.15 per hour minimum wage but expressly excludes employers already subject to the federal Fair Labor Standards Act whenever the federal minimum wage exceeds the state rate (O.C.G.A. § 34-4-3). Because the federal minimum wage ($7.25 per hour since July 24, 2009) exceeds Georgia's statutory floor, most covered employers and employees in Georgia operate under the FLSA rather than the state minimum-wage statute. Employers who fall outside FLSA coverage — for example, certain small businesses below the FLSA's $500,000 annual enterprise threshold, or employees excluded from the FLSA's definition of covered employment — remain subject to Georgia's $5.15 minimum wage and the associated O.C.G.A. § 34-4-5 recordkeeping obligation.

Retention period. O.C.G.A. § 34-4-5 does not specify how long employers must retain payroll records. For employers also subject to the FLSA, 29 C.F.R. § 516.5 requires a three-year retention period for payroll records (including records on which wage computations are based) and a two-year retention period for basic time and earning records. Georgia has not published a separate retention period for the limited class of employers covered only by state law and not by the FLSA.

Relationship to FLSA recordkeeping. For the overwhelming majority of Georgia employers — those subject to the FLSA — federal recordkeeping requirements under 29 U.S.C. § 211(c) and 29 C.F.R. Part 516 apply. The federal rules specify the content, form, and retention periods for payroll and time records. O.C.G.A. § 34-4-5 imposes parallel obligations (maintain records of hours and wages; allow state inspection; post required notices) but does not add substantive recordkeeping requirements beyond those already imposed by the FLSA for covered employers. Practitioners should treat the federal FLSA recordkeeping standards as the operative compliance floor for Georgia employers meeting FLSA coverage tests.

Source: O.C.G.A. § 34-4-5

Source: O.C.G.A. § 34-4-3

Source: 29 C.F.R. § 516.5

Georgia has no comprehensive state statute governing what deductions employers may take from employee wages or whether employee consent is required for specific deductions. The state's wage-payment statute, O.C.G.A. § 34-7-2, requires only that wage payments "correspond to the full net amount of wages or earnings due the employees for the period for which the payment is made," without defining what deductions are permissible to arrive at that net amount.

Deductions required by law. Employers may — and in many cases must — deduct amounts required by federal or state law or by court order. Common mandatory deductions include federal income tax withholding, Social Security and Medicare (FICA) contributions, state income tax withholding, and wage garnishments ordered by a court or authorized governmental agency (such as child support orders, tax levies, and creditor garnishments under O.C.G.A. Title 18, Chapter 4). Georgia's Department of Labor confirms that these "required deductions" satisfy debts or obligations mandated by law.

Union dues and fees — written authorization required. Georgia's right-to-work statute, O.C.G.A. § 34-6-25, explicitly addresses deductions for labor organization fees. No employer may deduct fees, assessments, or other sums for a labor organization from an employee's wages "except on the written authorization of the employee." The employee may revoke that authorization at any time. This provision, effective July 1, 2013, does not apply to collective bargaining agreements entered into under the Railway Labor Act or to professional associations composed exclusively of educators, law enforcement officers, or firefighters not engaged in collective bargaining.

Voluntary deductions — absence of state rule. For all other deductions — health insurance premiums, retirement plan contributions, uniform costs, cash-register shortages, breakage, tools, or any employer-benefit item — Georgia has no statute specifying whether the employer must obtain written consent or any consent at all. Because Georgia law is silent, employers should be guided by (1) the federal FLSA minimum-wage floor, which prohibits any deduction that would reduce an employee's pay below the applicable minimum wage for the workweek or cut into overtime compensation due under 29 U.S.C. § 207, and (2) common-law principles, under which an unauthorized deduction for the employer's benefit may give rise to a breach-of-contract claim (if the deduction violates an agreement or policy) or a conversion claim (if the employer takes the employee's money without consent).

Federal FLSA minimum-wage floor. The FLSA applies to most Georgia employers (those engaged in interstate commerce or with annual gross sales of at least $500,000, or operating schools or hospitals). Under 29 U.S.C. § 206(a), covered employers must pay at least the federal minimum wage of $7.25 per hour (effective July 24, 2009). The U.S. Department of Labor has long held that deductions for items that primarily benefit the employer — uniforms, tools, cash shortages, breakage — are permissible only if they do not reduce the employee's pay below the minimum wage (or below the overtime rate for overtime hours). This federal floor applies in Georgia regardless of the absence of a parallel state statute. For employees earning at or near the minimum wage, deductions for employer-benefit items are often entirely prohibited by federal law. For employees earning substantially above the minimum wage, such deductions are permissible to the extent they do not breach the employment agreement or violate public policy.

Best practice: obtain written consent. Although Georgia law does not mandate written authorization for most voluntary deductions, employers should obtain clear, written employee consent for any deduction beyond those required by law. Documentation protects the employer against breach-of-contract and conversion claims and clarifies the employee's agreement. Many states neighboring Georgia (including North Carolina, South Carolina, and Florida, which also lack comprehensive deduction statutes) rely on the same federal-floor + contract-law framework; written authorization is the prevailing standard in multi-state payroll practice.

No Georgia prohibition on deductions for uniforms, tools, or other employment costs. Georgia has no statute prohibiting an employer from requiring an employee to purchase a uniform, tools, or other items necessary for employment, nor any statute requiring the employer to reimburse such costs. The only constraint is the FLSA minimum-wage floor: if the cost (whether borne directly by purchase or indirectly by payroll deduction) causes the employee's effective hourly rate for the workweek to fall below the federal minimum wage, the employer violates 29 U.S.C. § 206(a).

Source: O.C.G.A. § 34-7-2 Source: O.C.G.A. § 34-6-25 Source: Georgia Department of Labor — Employer Handbook Source: 29 U.S.C. § 206 Source: 29 U.S.C. § 207

Georgia does not require employers to provide meal breaks or rest breaks to employees. Neither state law nor the federal Fair Labor Standards Act imposes a general obligation to give workers time off for meals or short breaks during the workday. The Georgia Department of Labor confirms this absence of a requirement explicitly in its published guidance for both adult and minor employees. The rule applies equally to all age groups, including minors under 16 years of age: "State nor federal law requires meal periods or breaks. If you are willing, the boss can work you 24 hours a day provided you are 16 years of age or older." For minors under 16, no meal-break statute exists outside the narrow child-performer context described below.

When breaks are voluntarily provided — federal payment rules apply. Employers who elect to provide breaks must comply with FLSA compensation requirements. Under 29 C.F.R. § 785.18 and § 785.19, short breaks of 5 to 20 minutes are compensable work time and must be paid. Meal periods of 30 minutes or longer may be unpaid only if the employee is "completely relieved from duty for the purposes of eating regular meals" and not required to perform any work, whether active or inactive, while eating. An employee who eats at her desk while answering phones, or a field worker who remains on call during lunch, must be paid for that time. The Georgia Department of Labor has adopted this federal rule: employers who interrupt an employee during an unpaid meal break must compensate the employee for the entire period.

Exception: minors in entertainment productions. Georgia regulations governing minors in film, television, and theatrical productions (Georgia Department of Labor Child Labor Regulations 300-7-1) impose specific meal and rest-break requirements. The regulations, adopted under authority of O.C.G.A. §§ 39-2-18 and 39-2-19, mandate a one-hour break for meals (or a 30-minute meal break plus 30 minutes for rest and recreation) and prescribe maximum on-set hours and rest intervals tied to the minor's age and whether the production day falls on a school day or non-school day. These rules apply exclusively to child performers; they do not extend to minors in retail, food service, or other non-entertainment employment.

Breastfeeding accommodations — FLSA PUMP Act applies; state statute permissive only. The federal Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, enacted in 2022 as an amendment to the FLSA, requires covered employers to provide reasonable break time and a private, non-bathroom space for employees to express breast milk for up to two years after the child's birth. The PUMP Act extends coverage to nearly all employees, not merely those previously covered under 29 U.S.C. § 207(r). Georgia has a parallel statute, O.C.G.A. § 34-1-6, which states that an employer "may provide reasonable unpaid break time" and "may make reasonable efforts to provide a room or other location" for an employee to express breast milk. The Georgia statute is permissive ("may"), not mandatory. Practitioners should rely on the federal PUMP Act as the operative compliance floor; O.C.G.A. § 34-1-6 does not add substantive obligations beyond those already imposed by federal law. Separate from workplace accommodations, O.C.G.A. § 31-1-9 protects a mother's right to breastfeed her baby in any public location where the mother and baby are otherwise authorized to be.

No meal-break threshold tied to shift length. Georgia has no statute requiring an employer to provide a meal break after a certain number of hours worked. An employee may work a 6-hour, 8-hour, or 12-hour shift with no break, provided the employee is paid for all hours worked and the employer complies with applicable overtime rules under the FLSA. Employers who adopt a meal-break policy by custom or in an employee handbook are bound by that policy as a matter of contract, but no state wage-and-hour statute compels the practice.

Cross-reference to federal guide. For the FLSA's compensability rules governing breaks (29 C.F.R. § 785.18 and § 785.19), the PUMP Act's requirements for nursing employees, and the enforcement framework for unpaid-break claims, see /guides/united-states/wage-and-hour.

Source: Georgia Department of Labor — Breaks and Meals Source: Georgia Department of Labor — Employers FAQs – Child Labor Source: Georgia Department of Labor — Individuals FAQs – Child Labor Source: Georgia Department of Labor — Individuals FAQs – FLSA Source: 29 C.F.R. § 785.18 Source: 29 C.F.R. § 785.19