GA · state labor law, 2026
Georgia labor laws: minimum wage, overtime, leave, final pay and breaks
Georgia still has its own minimum wage on the books, below the federal one, and leaves leave, breaks and final pay to employers.
Georgia and federal rules checked on official sources on · Checked by Radif Partners · How we calculate
- Minimum wage now
- $7.25/h
- federal floor applies
- Next change
- none announced
- checked October 11, 2026
- Tipped cash wage
- $2.13/h
- tips must make up the rest
- Overtime
- 40 h/week
- federal FLSA rule
- Paid sick leave
- no state law
- employer policy
- Paid family leave
- no program
- FMLA is unpaid
Almost every Georgia worker is owed $7.25 an hour, the federal minimum wage, even though Georgia's own statute still names a lower figure of $5.15. The federal Fair Labor Standards Act covers most employers, and where both laws apply the higher rate wins, so the state number only matters for the rare jobs outside federal coverage. Full time at $7.25 pays $15,080 a year. Tipped workers may receive a cash wage of $2.13 if tips bring them to the federal minimum. Georgia has no overtime law of its own, no paid sick leave or paid family leave requirement, no break law and no statute fixing when a final paycheck is due. It is a right-to-work state and an at-will state. For most of what an hourly worker asks about, the answer in Georgia is federal law or the employer's written policy.
Gross pay for this week in Georgia
$290
Time and a half after 40 hours in a week (federal rule)
| Minimum wage in Georgia now | $7.25 an hour (federal floor) |
| Your rate against it | At or above the minimum |
| Overtime: none this week | $0 |
| Paid sick leave earned in a year | No statewide paid sick leave law |
| Breaks owed in a 8-hour shift | None required for adults |
| Final paycheck if fired | no state statute sets a deadline (federal law sets none either) |
| Unused vacation at the end | No state rule: the employer policy decides |
| Paid family leave | No state program |
40 hours a week at $7.25. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.
Two minimum wages, one that counts
The Georgia minimum wage law dates from a time when $7.25 meant something, and the legislature has never raised it. The state law also excludes many workers, tipped employees among them. In practice the federal minimum of $7.25 applies to any employer covered by the FLSA, which, under the Department of Labor coverage rules, includes every business with annual sales of at least $500,000 and, whatever the size of the business, any worker whose job regularly involves commerce between states. If someone offers you less than $7.25, the employer should be able to explain why federal law does not reach the job; very few can.
Compare two states for a full-time minimum wage job
Texas / California, per hour
$7.25 / $16.90
| Full-time year (2,080 h) | $15,080 / $35,152 |
| Gap over a year | $20,072 |
| Paid sick leave law | no / yes |
| Paid family leave program | no / yes |
Overtime is the federal rule
Hours over 40 in a workweek are paid at time and a half under the FLSA, and nothing in Georgia law adds a daily threshold. A forklift operator earning $16 who works five 10-hour days has 10 overtime hours and a gross week of $880. The exempt salary level is the federal $684 a week. Overtime rules by state shows how much a daily rule would add in states that have one.
When the job ends
No Georgia statute tells an employer how quickly to hand over the last paycheck, and federal law sets no deadline either. The Georgia Department of Labor points workers with unpaid wages to small claims court. Unused vacation is paid only if the employer's policy or your contract promises it, because no law requires vacation in the first place. Keep the handbook and any offer letter: they are the documents a court would read. Minimum wage and overtime owed under federal law can also be claimed through the Wage and Hour Division of the U.S. Department of Labor, which takes complaints without charge and does not need a lawyer to open a case.
Who falls outside both laws
The workers Georgia's $7.25 could still reach are those of small, purely local businesses whose work never crosses state lines, a narrow and shrinking group now that card payments, deliveries and online orders tie most shops to interstate commerce. The state statute also leaves out several categories by name. If you are in doubt about coverage, the federal fact sheet on coverage is the place to start, and the employer carries the burden of showing an exemption.
Leave, breaks and unions
Georgia does not require paid sick days, paid family leave or meal and rest breaks for adults. Federal FMLA leave, up to 12 unpaid weeks, is available to workers at employers with 50 or more employees who meet the service and hours tests. Georgia is a right-to-work state, which the state labor department describes narrowly: it protects you from losing your job for refusing to join or pay a union, not from being let go for other lawful reasons under the at-will rule.
Georgia employment rules at a glance, 2026
Minimum wage schedule
| From | Who it covers | Rate | Note |
|---|---|---|---|
| January 1, 2026 | Statewide (federal minimum wage) | $7.25 | state law (O.C.G.A. 34-4-3) sets $5.15, below the federal rate; the federal $7.25 applies to nearly all workers |
Georgia has no state rate above the federal floor, so employers covered by the Fair Labor Standards Act pay at least $7.25 an hour. Georgia's own minimum wage is $5.15/hour (O.C.G.A. 34-4-3), but with limited exceptions the federal $7.25 applies. Read the Georgia rule.
Overtime
Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. No state overtime law; the federal FLSA (time and a half after 40 hours a week) applies. source
Sick leave and family leave
Georgia has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. source
No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave. source
Final paycheck and unused vacation
Fired or laid off: no state statute sets a deadline (federal law sets none either). Quitting: no state statute sets a deadline (federal law sets none either). Vacation: No law requires vacation leave, so payout of unused vacation depends on the employer's policy or contract.. source vacation rule
Meal and rest breaks
No meal break is required for adults by state law. No paid rest break is required for adults. source
Unions and dismissal
Georgia is a right-to-work state: a union contract cannot require you to pay dues or fees to keep your job. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract. source
Also worth knowing in Georgia
- Georgia's statutory minimum wage is still $5.15 an hour, below the federal $7.25; in practice the federal rate applies to almost all jobs. source
- Georgia is both a right-to-work state (no forced union membership or dues) and an at-will state; the state labor department notes that right-to-work only protects against firing for refusing to join a union. source