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Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate

Independently fact-checkedBy Recording Law Editorial Team9 min read

Independently fact-checked against primary sources (last audited September 30, 2026). · 4 primary sources cited on this page. How we verify our legal content

Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate

Georgia's state minimum wage is $5.15 per hour under O.C.G.A. 34-4-3, but most Georgia workers must be paid at least $7.25 because the federal Fair Labor Standards Act (FLSA) sets that floor for covered employers, and the state chapter does not apply to an employer subject to a federal minimum wage that is higher, as to the employees that federal law covers. The federal $7.25 rate has been in effect since July 24, 2009. The state figure is a fixed dollar amount with no scheduled step, so nothing in Georgia law raises it on January 1, 2027.

Information last verified on September 30, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers the Georgia minimum wage chapter (O.C.G.A. Title 34, Chapter 4) and the federal FLSA overlay. It does not cover overtime detail or other states. The Georgia Code text here was checked against the 2025 Code of Georgia as published by Justia; the official Georgia Code site was not opened, so confirm the current Code text before relying on a detail. The federal figures come from DOL's July 1, 2026 tables.

What is the minimum wage in Georgia?

Two numbers apply. O.C.G.A. 34-4-3(a) says covered employers must pay a minimum wage of not less than $5.15 per hour. But 34-4-3(c) says the chapter does not apply to an employer subject to the minimum wage provisions of an act of Congress, "as to employees covered thereby," if the federal minimum is greater. The FLSA sets $7.25 per hour (29 U.S.C. 206(a)(1)(C)), so an FLSA-covered employer in Georgia pays $7.25.

The Supreme Court of Georgia has read the "covered thereby" language narrowly. In Anderson v. Southern Home Care Services, 298 Ga. 175 (2015), it answered "no" when asked whether an employee who falls under an FLSA exemption is effectively "covered" by the FLSA for purposes of 34-4-3(c). The court also held that workers placed in private homes by a third-party agency are not "domestic employees" excluded by 34-4-3(b).

DOL's July 1, 2026 state table reads the same way: Georgia's rate is $5.15, the law excludes FLSA-covered employment when the federal rate is greater, and FLSA employers must pay $7.25. For the full federal picture, see the federal minimum wage page.

Who the Georgia law covers

The FLSA covers employees of enterprises engaged in commerce with at least $500,000 in annual gross volume of sales made or business done, and employees who are individually engaged in commerce or the production of goods for commerce (29 U.S.C. 203(s)(1)(A); 206(a)). Georgia's $5.15 rate matters for the employers and employees that the FLSA does not reach and that the state chapter does not exclude.

O.C.G.A. 34-4-3(b), as it reads in the 2025 Code, says the chapter does not apply to:

  • an employer with sales of $40,000 or less per year;
  • an employer with five employees or fewer (DOL's table describes coverage as employers of six or more);
  • an employer of domestic employees;
  • an employer who is a farm owner, sharecropper or land renter;
  • an employee whose compensation consists wholly or partially of gratuities;
  • a high school or college student who is employed;
  • a newspaper carrier; and
  • a person employed by a nonprofit child-caring institution or long-term care facility serving enrolled children or mentally disabled adults, on the conditions the statute lists.

These are the statute's own words, summarized. Whether a particular job falls inside or outside them depends on the full text and the facts, and the federal floor of $7.25 applies separately wherever the FLSA covers the employer.

Will Georgia's minimum wage go up in 2027?

Not under state law. Section 34-4-3 states a dollar amount and contains no indexing or scheduled increase. The rate most Georgians receive is the federal $7.25, and it changes only if Congress passes and the President signs a bill; DOL states that the minimum wage does not increase automatically. No enacted federal change was found when this page was verified.

Tipped workers in Georgia

DOL's tipped table lists Georgia's basic combined minimum at $7.25 and notes that Georgia has a state minimum wage law but it does not apply to tipped employees. That matches 34-4-3(b)(5), which excludes an employee whose compensation consists wholly or partially of gratuities. Federal rules govern tipped work wherever the FLSA applies. An employer may pay a tipped employee a cash wage of at least $2.13 per hour and take a tip credit of up to $5.12, so long as the cash wage plus tips reach $7.25 (29 U.S.C. 203(m)(2)(A); DOL's tipped table lists the federal row as $7.25, $5.12 and $2.13). A tipped employee is one who customarily and regularly receives more than $30 a month in tips (29 U.S.C. 203(t)). The employer must tell the employee about the tip credit, must make up any shortfall, and may not keep employees' tips (29 U.S.C. 203(m)(2)(B)).

restaurant receipt tray with a pen and card

Youth and other lower rates

Georgia's chapter has no separate youth or training rate; it instead excludes high school and college students from the chapter altogether (34-4-3(b)(6)). For FLSA-covered employers, federal law allows a newly hired employee under 20 to be paid not less than $4.25 per hour during the first 90 consecutive calendar days of employment, as long as the arrangement does not displace other workers (29 U.S.C. 206(g)). After 90 days, or at age 20, the $7.25 rate applies. Separate special-certificate programs for learners, full-time students and workers with disabilities exist under 29 U.S.C. 214, and each is limited by the certificate and its conditions.

Can Atlanta or other Georgia cities set a higher minimum wage?

No. O.C.G.A. 34-4-3.1(b)(1) provides that all wage or employment benefit mandates adopted by any local government entity are preempted, and (b)(2) bars a local government entity from adopting, maintaining or enforcing one by charter, ordinance, purchase agreement, contract, regulation, rule or resolution, directly or indirectly. Subsection (c) also bars a local government from using its purchasing or contracting procedures to control or affect the wages or benefits its vendors and contractors provide. A local government may offer its own employees employment benefits (34-4-3.1(b)(3)).

city skyline at dusk seen from a window

How to file a minimum wage complaint in Georgia

Workers covered by the FLSA can contact the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243 or through its complaint page. DOL says a complainant's identity and whether a complaint exists may not be disclosed, and that employers cannot retaliate. An employer that pays less than the minimum wage owes the unpaid wages plus an equal amount as liquidated damages, and the employee can sue in federal or state court and seek attorney's fees and costs (29 U.S.C. 216(b)). A suit generally must start within two years, or three for a willful violation (29 U.S.C. 255(a)), and 29 U.S.C. 215(a)(3) bars retaliation for filing a complaint.

Georgia law adds a private route. Under O.C.G.A. 34-4-6, an employee paid less than the state minimum wage may bring a civil action in superior court within three years to recover the difference, plus an additional equal amount as liquidated damages, costs and reasonable attorney's fees. That right covers the state rate; a state complaint process with the Georgia Department of Labor was not verified for this page. For other pay problems, see Georgia final paycheck laws, Georgia at-will employment laws and unpaid wages. The overtime calculator helps check hours over 40.

Disclaimer: This page is general legal information, not legal advice. It covers the Georgia minimum wage law (O.C.G.A. Title 34, Chapter 4) and the federal Fair Labor Standards Act (FLSA) as verified on September 30, 2026. For a specific pay situation, consult a lawyer licensed in Georgia or the state labor agency.

Last updated: September 30, 2026.

Frequently Asked Questions

What is the minimum wage in Georgia?

The state rate is $5.15 per hour (O.C.G.A. 34-4-3), but employers covered by the FLSA must pay the federal $7.25. DOL's July 1, 2026 table says the same.

Why is Georgia's minimum wage lower than the federal one?

The state figure has stayed at $5.15, and 34-4-3(c) says the state chapter does not apply to an employer subject to a federal minimum wage that is greater, as to employees the federal law covers. FLSA-covered employers therefore pay $7.25.

Will Georgia raise its minimum wage in 2027?

The statute sets a fixed $5.15 with no scheduled increase. The federal $7.25 changes only if Congress acts.

What is the tipped minimum wage in Georgia?

Under the federal rules, the cash wage is at least $2.13 with a tip credit up to $5.12, for employees receiving more than $30 a month in tips. DOL's table notes that Georgia's own minimum wage law does not apply to tipped employees.

Can Atlanta set its own minimum wage?

No. O.C.G.A. 34-4-3.1 preempts wage or employment benefit mandates adopted by local government entities, and it also limits using purchasing and contracting to affect vendor wages.

How do I report an employer who pays less than minimum wage in Georgia?

FLSA-covered workers can contact the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243. O.C.G.A. 34-4-6 also allows a superior court suit for the state minimum wage within three years.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. O.C.G.A. 34-4-3 (amount of minimum wage; employers and employees covered), Code of Georgia (2025 Code, via Justia)(law.justia.com)
  2. O.C.G.A. 34-4-3.1 (wages and employment benefits by local government entities), Code of Georgia (2025 Code, via Justia)(law.justia.com)
  3. O.C.G.A. 34-4-6 (action to recover difference), Code of Georgia (2025 Code, via Justia)(law.justia.com)
  4. U.S. Department of Labor, State Minimum Wage Laws (updated July 1, 2026)(www.dol.gov).gov
  5. 29 U.S.C. 206 (minimum wage), Cornell LII(www.law.cornell.edu)
  6. 29 U.S.C. 203 (definitions), Cornell LII(www.law.cornell.edu)
  7. 29 U.S.C. 213 (exemptions), Cornell LII(www.law.cornell.edu)
  8. 29 U.S.C. 214 (employment under special certificates), Cornell LII(www.law.cornell.edu)
  9. 29 U.S.C. 218 (relation to other laws), Cornell LII(www.law.cornell.edu)
  10. 29 U.S.C. 216 (penalties), Cornell LII(www.law.cornell.edu)
  11. 29 U.S.C. 255 (statute of limitations), Cornell LII(www.law.cornell.edu)
  12. 29 U.S.C. 215 (prohibited acts), Cornell LII(www.law.cornell.edu)
  13. U.S. Department of Labor Wage and Hour Division, Minimum Wage FAQ(www.dol.gov).gov
  14. U.S. Department of Labor Wage and Hour Division, file a complaint(www.dol.gov).gov
  15. U.S. Department of Labor, Minimum Wages for Tipped Employees(www.dol.gov).gov
  16. Anderson v. Southern Home Care Services, Inc., 298 Ga. 175 (2015) (Supreme Court of Georgia, S15Q1127)(courtlistener.com)
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