Georgia Overtime Laws 2026
Georgia state law sets a very low minimum wage ($5.15/hr), but most employers are subject to the federal Fair Labor Standards Act (FLSA), which requires a minimum wage of $7.25/hr and overtime pay.
FLSA Rules in GA:
- Overtime Rule: 1.5x regular pay for hours over 40 in a week.
- Coverage: If your employer earns over $500,000 annually or engages in interstate commerce, federal rules apply.
Understanding the Georgia $5.15 Minimum Wage Conflict
A massive point of confusion for hourly workers in Georgia is the state's statutory base rate of $5.15 per hour. While technically still written in the Georgia statutory code, the federal Fair Labor Standards Act (FLSA) minimum wage of $7.25/hr overrides the state rate for almost all businesses.
By federal law, your employer MUST pay you at least $7.25 per hour if they meet any of the following criteria:
- The business has gross annual sales or revenues exceeding **$500,000**.
- The employee is engaged in "interstate commerce" (this includes handling credit card payments, ordering goods from out-of-state, or making phone calls to other states).
- The employer is a hospital, nursing home, school, or government agency.
| Statutory Rule | Georgia State Law | Federal FLSA Override (Standard) |
|---|---|---|
| Minimum Hourly Wage | $5.15 / hr | $7.25 / hr (Overrides state law) |
| Overtime Threshold | Over 40 hours in a week | Over 40 hours in a week |
| Overtime Pay Rate | 1.5x base pay ($7.73 / hr) | 1.5x base pay ($10.88 / hr) |
| Tipped Cash Wage | No specific credit | $2.13 / hr (Tip credit must meet $7.25/hr) |
Frequently Asked Questions
1. What is the minimum wage in Georgia for 2026?
The statutory minimum wage in Georgia is $5.15 per hour. However, the federal Fair Labor Standards Act (FLSA) minimum wage of $7.25 per hour overrides state law for almost all employers in Georgia.
2. Does Georgia have daily overtime laws?
No, Georgia does not have daily overtime laws. Overtime is paid at 1.5x of the regular hourly rate only after working more than 40 hours in a single workweek.
3. Who is covered by the federal $7.25 minimum wage in Georgia?
Almost all businesses in Georgia with gross annual sales of $500,000 or more, or any business engaged in interstate commerce (including sending mail or processing credit cards across state lines), must pay the federal minimum wage of $7.25 per hour.