Georgia Labor Laws
An employer guide for 2026

Georgia labor laws at a glance

Georgia has a short list of state employment rules. The state minimum wage is lower than the federal rate and rarely applies, there is no state overtime or break law, and the Georgia Department of Labor (GDOL) points most wage questions to the federal Fair Labor Standards Act (FLSA). Where Georgia does set its own standards is pay frequency, child labor certificates and hours, new-hire reporting and a few required posters.

EZTime labor rule alerts flag overtime and missed rest periods before payroll.

Minimum wage in Georgia

The GDOL minimum wage page lists a state minimum wage of $5.15 per hour under O.C.G.A. 34-4-3 and a federal minimum of $7.25 per hour. The GDOL Employer Handbook explains how the two fit together: most employers in Georgia must follow the federal $7.25 rate, and only rare and limited exceptions allow the $5.15 state rate. The U.S. DOL state table adds that the Georgia law covers employers of six or more employees and excludes any employment already subject to the FLSA. In practice, if your business is covered by the FLSA, plan on $7.25.

No state increase is scheduled for January 1, 2027.

Tipped, youth and student wages

The DOL tipped minimum wage table lists Georgia at the federal values: a cash wage of at least $2.13 an hour, a maximum tip credit of $5.12 and a tipped-employee threshold of more than $30 a month in tips. If tips do not bring an employee up to $7.25 for the week, the employer pays the difference. The GDOL FLSA FAQ for employers notes that certain employees under 20 may be paid $4.25 an hour during their first 90 consecutive calendar days, and that full-time student and student-learner programs can allow pay below the federal minimum under federal certificates.

Overtime rules

Georgia has no state overtime statute. Under the FLSA, non-exempt employees earn at least one and one-half times their regular rate for hours over 40 in a workweek, and the DOL overtime page confirms that hours cannot be averaged across weeks. There is no daily overtime threshold. GDOL's FAQ adds a practical point many managers miss: time an employee spends correcting their own mistakes is hours worked, even when done voluntarily, so rework that pushes a week past 40 hours must be paid as overtime.

Executive, administrative, professional and outside sales employees may be exempt when they meet federal duties tests and are paid on a salary basis. Federal guidance describes compensatory time off instead of cash overtime only for state and local government employers, so private employers should pay overtime in cash. See our FLSA overtime guide or try the overtime calculator.

Meal and rest breaks

The GDOL child labor FAQ states that neither state nor federal law requires meal periods or breaks, and that answer applies to adults and minors alike outside the entertainment industry. Breaks are a company policy choice. If you offer them, federal rules matter: the DOL breaks page treats short breaks of about 5 to 20 minutes as paid work time, while bona fide meal periods, typically 30 minutes or longer, are not work time. Under the FLSA, most nursing employees are entitled to reasonable break time and a private place to pump other than a bathroom.

Paid sick leave and other leave

GDOL's employer and worker guidance does not list a state requirement for private employers to offer paid sick leave, vacation or holiday pay, so these benefits follow your written policy. Be specific about accrual, carryover and whether unused time is paid at separation, because a written promise is what employees will rely on if there is a dispute. The federal Family and Medical Leave Act gives eligible employees of employers with 50 or more workers up to 12 weeks of unpaid, job-protected leave. For voting leave, jury service or other state-specific absences, check with GDOL or an employment attorney before setting policy. Our PTO accrual calculator helps you model a voluntary plan.

Paydays and final paychecks

According to the GDOL Employer Handbook, officials and department heads may be paid monthly or less often, but all other employees must be paid semimonthly or more frequently. The U.S. DOL payday table also lists Georgia as semimonthly. Weekly, biweekly and semimonthly schedules all satisfy the rule; a monthly payroll for hourly staff does not.

GDOL does not publish a deadline for a final paycheck after a resignation or termination, and the federal Handy Reference Guide says the FLSA does not require immediate payment of final wages. Paying everything owed on the next regular payday is the cleanest approach. If a former employee disputes the amount, the GDOL worker FAQ suggests a wage claim in the county's Magistrate (small claims) Court, with the U.S. DOL Wage and Hour Division as another enforcement route.

Child labor hours and certificates

Georgia's child labor rules are summarized in GDOL's Georgia Laws and Rules Regulating Employment of Children. Minors aged 12 through 15 need a written Employment Certificate before they start work. The certificate is issued by a school superintendent or staff member, a private school principal or a home study provider, and the minor supplies a certified birth certificate while the employer provides a statement describing the job. Employers keep the certificate and a school-enrollment letter on file, update the letter each January until the minor turns 16, and return the certificate within five days after employment ends. GDOL's FAQ notes that out-of-state permits are not accepted for visiting minors.

Hours for workers under 16

• State law: no work between 9 p.m. and 6 a.m., up to 4 hours on a school day, 8 hours on other days and 40 hours a week, and no work during school hours unless excused.
• Federal law for FLSA-covered employers, as shown on GDOL's hour restrictions page: up to 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, 40 hours in a non-school week, and only between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day).

When both apply, follow the stricter limit. Workers aged 16 and 17 need no certificate and face no state or federal hour limits, though federal hazardous-occupation bans still apply until 18. A state rule lists the jobs 14- and 15-year-olds may do, such as office, cashier and certain food-service tasks; any job not on the list is prohibited. The DOL child labor table offers a quick comparison.

Recordkeeping, new hires and posters

The FLSA requires covered employers to keep records of hours worked each workweek, overtime pay, deductions and pay dates. The GDOL handbook notes there is no required format and time clocks are optional, but the records must be accurate. Georgia also requires employers to report new and rehired employees to the state directory within 10 days of the hire date through the Georgia New Hire Reporting Program.

GDOL's required workplace posters page lists three state notices: Unemployment Insurance for Employees (DOL-810), Employer Vacation (DOL-154) and Equal Pay for Equal Work Act (DOL-4107), each in English and Spanish. Post workers' compensation notices and the applicable federal posters too.

How EZTime helps Georgia employers

With no state overtime or break law, Georgia employers win or lose wage disputes on the strength of their time records. EZTime gives you a GPS mobile time clock with geofencing, NFC tags, a shared tablet kiosk and biometric clocks, so every punch is tied to the right person and place. Build schedules from shift templates and let staff request swaps, while overtime and break alerts warn managers before a shift crosses a limit. PTO and sick-leave balances update automatically, and timesheets export as payroll-ready Excel or PDF files that work with any payroll software. See the attendance clock and scheduling software, or check pricing: plans start at $2 per employee per month with a 14-day trial.

This guide is general information, not legal advice. Laws change; check the Georgia Department of Labor or an employment attorney. Last reviewed November 2026.