Georgia Minimum Wage 2026
⚠️Informational only — not legal or tax advice.
Last Updated: February 3, 2026
Last Reviewed: February 3, 2026
Applicable Period: 2026
Jurisdiction: State of Georgia, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Georgia Minimum Wage – 2026 Quick Reference
- Overview of Minimum Wage Law in Georgia
- Current Minimum Wage Rates in Georgia 2026
- Minimum Wage for Tipped Employees
- Local Minimum Wage Ordinances in Georgia
- Who Is Covered and Who Is Exempt
- Employer Obligations and Enforcement
- Georgia Minimum Wage vs Federal Law
- Minimum Wage Posting Requirements
- Frequently Asked Questions
- Information Verification Log
Introduction
The minimum wage in Georgia establishes the lowest hourly compensation that employers must legally provide to covered employees. For 2026, Georgia maintains a state minimum wage of $5.15 per hour, however, with limited exceptions, the federal minimum wage of $7.25 per hour applies to most employers and employees. Employers covered by the Fair Labor Standards Act must comply with the higher federal rate.
Minimum wage regulations in Georgia operate under the Official Code of Georgia Annotated § 34-4-3 alongside federal requirements established by the Fair Labor Standards Act (FLSA). When both state and federal minimum wage laws apply, employers must comply with the higher applicable rate. Georgia allows tip credits under federal law, and state law prohibits local jurisdictions from enacting higher minimum wage ordinances.
This page provides an authoritative overview of Georgia minimum wage law for 2026, including current rates, tipped employee provisions, coverage and exemptions, enforcement procedures, and compliance requirements. All information is compiled from official government sources.
| Georgia Minimum Wage – 2026 Quick Reference | |||
|---|---|---|---|
| Category | Rate | Effective Date | Official Source |
| Georgia state minimum wage | $5.15/hour | Ongoing | O.C.G.A. § 34-4-3 |
| Federal minimum wage | $7.25/hour | July 24, 2009 | FLSA § 206(a)(1) |
| Applicable rate for most employers | $7.25/hour | Ongoing | Federal law |
| Tipped minimum wage | $2.13/hour | Ongoing | FLSA § 203(m) |
| Tip credit allowed | Yes (up to $5.12) | Ongoing | Federal law |
| Next scheduled increase | None | N/A | — |
| Rate adjustment mechanism | Fixed | — | Requires federal legislation |
| Local minimum wages | Prohibited | — | State preemption |
Last verified: February 3, 2026 via Georgia Department of Labor website
Overview of Minimum Wage Law in Georgia
Legal Authority
Georgia minimum wage requirements are established under the Official Code of Georgia Annotated § 34-4-3. The Georgia Department of Labor receives inquiries about minimum wage issues, however, enforcement of minimum wage regulations in Georgia falls primarily under the jurisdiction of the U.S. Department of Labor Wage and Hour Division, as the federal minimum wage applies to most covered employers. Georgia’s state minimum wage of $5.15 per hour has remained unchanged since it was established and applies only in rare circumstances where employers are not subject to federal law.
Relationship to Federal Law
Under the Fair Labor Standards Act (FLSA), the federal minimum wage establishes a floor of $7.25 per hour for covered employers and employees. Georgia law maintains a state minimum wage of $5.15 per hour but explicitly recognizes that federal minimum wage standards apply when employers are covered by the FLSA. When both state and federal minimum wage laws apply, employers must pay whichever rate is higher.
Because most Georgia employers are covered by the FLSA, the federal minimum wage of $7.25 per hour effectively serves as the operative minimum wage throughout the state. The Georgia Department of Labor confirms that with limited exceptions, the federal minimum wage rate applies to employers in Georgia. Only in rare cases where an employer is not covered by federal law would the lower Georgia state rate of $5.15 per hour apply.
Coverage Scope
The federal Fair Labor Standards Act applies to enterprises with at least $500,000 in annual gross sales or business, as well as to enterprises engaged in interstate commerce. Additionally, the FLSA covers employees of hospitals, institutions caring for the sick, elderly, or mentally ill, schools, and public agencies regardless of business volume. Individual employees engaged in interstate commerce or in the production of goods for interstate commerce are also covered.
Georgia’s state minimum wage law applies to employers not subject to the FLSA, but this represents a small subset of employers in the state. Most private sector employers with employees in Georgia fall under federal coverage and must comply with the $7.25 federal minimum wage. Employers should verify their coverage status with the U.S. Department of Labor Wage and Hour Division.
Higher Rate Principle
The principle of “higher prevailing rate” requires employers to pay the highest applicable minimum wage—whether federal or state. In Georgia, because the federal minimum wage of $7.25 exceeds Georgia’s state minimum wage of $5.15, covered employers must pay the federal rate. This ensures that most employees in Georgia receive at least $7.25 per hour, even though the nominal state minimum wage remains lower.
Current Minimum Wage Rates in Georgia 2026
Standard Hourly Minimum Wage
As of 2026, most employers in Georgia are required to follow the federal minimum wage rate of $7.25 per hour. Georgia’s state minimum wage remains at $5.15 per hour, however, this rate applies only in rare and limited circumstances where employers are not covered by the Fair Labor Standards Act. Because federal law is more stringent than Georgia law, an employer who complies with federal minimum wage requirements also complies with Georgia law.
The federal minimum wage of $7.25 per hour has remained at this level since July 24, 2009. Prior federal increases established rates of $5.85 per hour effective July 24, 2007, and $6.55 per hour effective July 24, 2008, before reaching the current $7.25 rate. No further federal minimum wage increases are currently scheduled, and Georgia has not enacted a higher state rate.
Scheduled Increases
No minimum wage increases are currently scheduled in Georgia. The federal minimum wage will remain at $7.25 per hour unless modified by future federal legislation. Georgia’s state minimum wage of $5.15 per hour will remain unchanged unless the Georgia General Assembly enacts new legislation. Neither the federal nor state minimum wage automatically adjusts for inflation or cost of living changes.
Minimum Wage for Tipped Employees
Tipped Employee Cash Wage
Georgia follows federal law for tipped employee wages. Under the Fair Labor Standards Act, employers may pay tipped employees a reduced cash wage of $2.13 per hour, provided that employee tips combined with the cash wage equal at least the full federal minimum wage of $7.25 per hour.
Cash wage requirement: $2.13 per hour
Maximum tip credit: $5.12 per hour
Total minimum compensation: $7.25 per hour (cash wage + tips)
Who Qualifies as a Tipped Employee
Under federal law, a “tipped employee” is defined as an employee who customarily and regularly receives more than $30 per month in tips. Qualifying occupations typically include:
- Restaurant servers and bartenders
- Hotel and casino service workers
- Parking attendants and valets
- Delivery drivers who receive tips
- Barbers and beauticians
- Other service occupations where tipping is customary
Employer Obligations for Tipped Workers
Employers who claim a tip credit must:
- Inform employees in writing of the tip credit provisions before claiming the credit, including the amount of cash wage to be paid and the amount of tip credit claimed
- Ensure total compensation (cash wage plus tips) equals or exceeds $7.25 per hour for all hours worked
- Pay the difference if an employee’s tips fail to bring total compensation to the federal minimum wage
- Maintain accurate records of employee tips, hours worked, and wages paid
- Allow employees to retain all tips received, except for valid tip pooling arrangements
Employers cannot keep any portion of employee tips for any purpose, and managers and supervisors are prohibited from participating in tip pools.
Tip Pooling and Sharing
Federal law permits employers to establish mandatory tip pooling arrangements among employees who customarily and regularly receive tips. Valid tip pools may only include employees such as servers, bartenders, bussers, and other customarily tipped workers. Employers taking a tip credit cannot include employees such as cooks or dishwashers in tip pools.
Employers who pay the full minimum wage and do not take a tip credit may establish tip pools that include a broader range of employees, including back-of-house workers. However, managers and supervisors may not participate in tip pools or retain any portion of employee tips under any circumstances.
Local Minimum Wage Ordinances in Georgia
Georgia law prohibits cities and counties from enacting their own minimum wage rates that differ from the state or federal minimum wage. Under Georgia’s system of state preemption, local jurisdictions are not authorized to establish higher minimum wages for private sector employers. All employers in Georgia must comply with the uniform statewide framework, which requires payment of at least the federal minimum wage of $7.25 per hour for covered employers.
While some local governments in Georgia, such as the City of Atlanta, have adopted higher wage rates for their own municipal employees, these local policies apply only to government workers and do not affect private sector employers operating within those jurisdictions. The $7.25 federal rate (or $5.15 Georgia rate for non-covered employers) applies uniformly across all jurisdictions in the state.
This preemption ensures consistency in wage requirements throughout Georgia, preventing variations in minimum wage rates between different cities or counties. Employers operating in multiple Georgia locations face the same minimum wage obligations regardless of where their worksites are located within the state.
Who Is Covered and Who Is Exempt
Employees Covered by Federal Minimum Wage in Georgia
The Fair Labor Standards Act covers most employees in Georgia. Unless specifically exempted, covered employees include:
- Private sector workers: Full-time and part-time employees of businesses with annual gross sales of $500,000 or more, or businesses engaged in interstate commerce
- Hourly employees: Workers compensated on an hourly basis in covered enterprises
- Salaried non-exempt employees: Employees paid on a salary basis who do not qualify for overtime exemption
- Employees of certain institutions: Workers at hospitals, schools, nursing homes, and other care facilities regardless of business volume
- Individual coverage: Employees engaged in interstate commerce or producing goods for interstate commerce, regardless of employer size
Exemptions from Minimum Wage Requirements
The following categories of employees may be exempt from federal minimum wage requirements:
Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties may be exempt if they meet both salary and duties tests established under federal regulations. These exemptions apply to both minimum wage and overtime requirements.
Outside Sales Employees
Employees whose primary duty is making sales away from the employer’s place of business and who are customarily and regularly engaged away from the employer’s business location may be exempt from minimum wage and overtime requirements.
Agricultural Workers
Certain agricultural employees may be exempt from federal minimum wage requirements depending on the size and nature of the agricultural operation.
Youth Minimum Wage
Employers may pay employees under age 20 a youth minimum wage of $4.25 per hour during their first 90 consecutive calendar days of employment. After 90 days or when the employee reaches age 20, whichever comes first, employers must pay the full minimum wage.
Student Learners and Full-Time Students
Under specific conditions and with proper certification, employers may pay subminimum wages to student learners and full-time students employed in retail or service establishments, agriculture, or institutions of higher education.
Workers with Disabilities
Employers may obtain special certificates from the U.S. Department of Labor allowing payment of subminimum wages to workers whose productive capacity is impaired by physical or mental disabilities.
Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. However, misclassification of employees as independent contractors may result in penalties and back wages.
Employer Obligations and Enforcement
Employer Compliance Requirements
Employers subject to federal minimum wage law must:
- Pay the applicable minimum wage of at least $7.25 per hour for all hours worked
- Maintain accurate payroll records documenting employee hours and wages for at least three years
- Display required posters informing employees of minimum wage rates and workplace rights
- Provide compliant wage statements showing hours worked, rates paid, and deductions
- Comply with recordkeeping requirements including employee names, addresses, occupations, and total wages paid each pay period
Enforcement of Minimum Wage Law
The U.S. Department of Labor Wage and Hour Division enforces federal minimum wage requirements in Georgia. The Wage and Hour Division:
- Investigates wage complaints filed by employees
- Conducts compliance inspections of employer practices
- Issues citations and back wage orders for violations
- Refers cases for legal action when appropriate
- Provides compliance assistance to employers
Filing a Complaint: Employees who believe they have not been paid proper minimum wage may file a complaint with the Wage and Hour Division through:
- Toll-free helpline: 1-866-4US-WAGE (1-866-487-9243)
- Online complaint system at www.dol.gov/agencies/whd
- Regional Wage and Hour Division offices in Georgia
Federal law prohibits retaliation against employees who file wage complaints or cooperate with investigations.
Penalties for Minimum Wage Violations
Employers who violate federal minimum wage law may be subject to:
Back Wages: Employers must pay employees the difference between wages paid and the required minimum wage for all hours worked, typically going back two years from the date of complaint (three years for willful violations).
Liquidated Damages: The Fair Labor Standards Act authorizes liquidated damages equal to the amount of unpaid wages, effectively doubling the employer’s liability unless the employer can demonstrate good faith compliance efforts.
Civil Money Penalties: The Department of Labor may assess civil penalties of up to $2,374 per violation for repeat or willful violations of minimum wage requirements.
Criminal Penalties: Willful violations of the FLSA may result in criminal prosecution, with fines up to $10,000. A second conviction may result in imprisonment.
Injunctions: Courts may issue injunctions restraining employers from violating minimum wage requirements and may order other equitable relief.
Georgia Minimum Wage vs Federal Law
The Federal Minimum Wage Floor
The Fair Labor Standards Act establishes a federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. This federal rate sets a floor for minimum wage requirements nationwide and applies to employers engaged in interstate commerce or with annual gross sales exceeding $500,000, as well as to employees of certain institutions regardless of business volume.
When Federal Law Applies
Because the federal minimum wage of $7.25 exceeds Georgia’s state minimum wage of $5.15, virtually all covered employers in Georgia must pay the federal rate. The state minimum wage serves as a fallback only for the rare category of employers not covered by the FLSA—primarily very small businesses with limited sales that do not engage in interstate commerce.
For practical purposes, employers in Georgia should assume that federal minimum wage requirements apply unless they have confirmed exemption status with the U.S. Department of Labor. The higher federal rate prevails for all covered employment.
Higher Applicable Rate Rule
The fundamental principle governing minimum wage compliance is that employers must pay whichever rate—federal or state—provides employees the highest hourly wage. In Georgia, this means virtually all employers pay the federal minimum of $7.25 per hour rather than the state minimum of $5.15 per hour.
Practical Application:
- Determine whether federal FLSA coverage applies (most employers are covered)
- If covered by FLSA, pay at least $7.25 per hour
- If not covered by FLSA (rare), Georgia’s $5.15 rate applies
- When in doubt, contact the U.S. Department of Labor for coverage determination
Minimum Wage Posting Requirements
Federal law requires employers to display an official minimum wage notice in a conspicuous location accessible to all employees. The poster must include current wage rates, overtime requirements, and employee rights under the Fair Labor Standards Act.
Where to obtain posters:
- Download from U.S. Department of Labor
- Available in English and Spanish
- Georgia Department of Labor provides information but federal posters are required for FLSA compliance
Posting locations: The notice must be posted in each workplace location where employees can readily see it, typically near time clocks, in break rooms, or at other prominent locations.
Compliance: Failure to display required federal posters may result in penalties. Employers must ensure posters remain current when minimum wage rates change.
Frequently Asked Questions: Minimum Wage in Georgia 2026
What is the minimum wage in Georgia in 2026?
The minimum wage in Georgia is $7.25 per hour for most employers, following the federal rate. Georgia’s state minimum wage is $5.15 per hour but applies only to employers not covered by federal law.
When is the next minimum wage increase in Georgia?
No minimum wage increases are currently scheduled in Georgia. The federal rate will remain $7.25 per hour unless Congress enacts new legislation. Georgia’s state rate of $5.15 will remain unchanged unless the state legislature acts.
Does Georgia allow tip credit?
Yes, Georgia follows federal law allowing tip credit. Employers may pay tipped employees $2.13 per hour in cash wages, with up to $5.12 in tip credit, provided total compensation reaches $7.25 per hour.
Are there different minimum wages in different cities in Georgia?
No, Georgia prohibits cities and counties from enacting minimum wages different from state or federal rates. The $7.25 federal minimum wage applies uniformly throughout the state for covered employers.
Who is exempt from minimum wage in Georgia?
Common exemptions include executive, administrative, and professional employees meeting federal salary and duties tests, outside sales employees, certain agricultural workers, and properly classified independent contractors. Most hourly workers are covered.
What happens if an employer pays below minimum wage in Georgia?
Employers who pay below minimum wage face back wage liability for up to three years, liquidated damages equal to unpaid wages, civil penalties up to $2,374 per violation, and potential criminal prosecution for willful violations.
Do small businesses have to pay minimum wage in Georgia?
Most small businesses must pay the federal minimum wage of $7.25 per hour if covered by the FLSA. Very small businesses with annual sales below $500,000 and no interstate commerce may pay Georgia’s $5.15 rate, but FLSA coverage is broad.
Is Georgia’s minimum wage higher than the federal minimum?
No, Georgia’s state minimum wage of $5.15 is lower than the federal minimum wage of $7.25. However, most employers must pay the higher federal rate because they are covered by federal law.
How often does Georgia increase its minimum wage?
Georgia’s minimum wage is set by legislation and does not automatically adjust. The state rate has remained $5.15 since it was established. Changes require new laws to be enacted by the Georgia General Assembly.
Can employers pay less than minimum wage during training?
Federal law permits employers to pay a youth minimum wage of $4.25 per hour to employees under age 20 during their first 90 consecutive calendar days of employment. No other training wage provisions apply in Georgia.
How to file a minimum wage complaint in Georgia
Employees who believe they have not received proper minimum wage compensation may file a wage complaint with the U.S. Department of Labor Wage and Hour Division. Filing methods include:
- Phone: 1-866-4US-WAGE (1-866-487-9243)
- Online: www.dol.gov/agencies/whd
- Regional offices: Atlanta District Office and other locations throughout Georgia
The Wage and Hour Division will investigate complaints and may recover unpaid wages. Federal law prohibits employer retaliation against workers who file complaints.
Do remote workers in Georgia get the Georgia minimum wage?
Generally, the minimum wage of the jurisdiction where the employee physically performs work applies. Remote workers located in Georgia are typically entitled to at least the federal minimum wage of $7.25 per hour, even if their employer is based elsewhere.
Information Verification Log
All information on this page has been compiled from official government sources and verified for accuracy as of the dates below.
| Georgia — Primary Legal & Government Sources | ||
|---|---|---|
| Official statutes and government resources used to verify Georgia minimum wage rules for 2026. | ||
| Source | Last Verified | Access Method |
| O.C.G.A. § 34-4-3 | February 3, 2026 | Georgia Legislature website |
| Georgia Department of Labor | February 3, 2026 | Official website (dol.georgia.gov) |
| Fair Labor Standards Act (29 U.S.C. § 206) | February 3, 2026 | U.S. Department of Labor |
| FLSA tipped employee provisions (29 U.S.C. § 203(m)) | February 3, 2026 | U.S. Department of Labor |