Filing a Wage and Hour Claim – Georgia

1. Does Georgia have state overtime laws that are different from federal law?

Georgia does not have overtime laws that are different from federal overtime law.

2. Does Georgia have a minimum wage that is different from federal law?

Georgia’s state minimum wage is $7,25 per hour. Georgia’s tipped minimum wage is $2.13 per hour. However, employers can use a “tip credit” to make up the difference between the tipped employee’s hourly wage and the regular minimum wage. The current tip credit is $5.12 per hour. This means that if a tipped employee earns at least $7.25 per hour in tips, the employer does not have to pay them any additional hourly wage.

3. Does Georgia have meal and rest break requirements, unlike federal law?

Georgia does not have any meal or rest break requirements.

4. What are my time deadlines?

There are strict time limits in which minimum wage claims must be filed. You must file within three years from the date that the claim arose. As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring.

5. How can I or my attorney pursue a claim in court in Georgia?

In Georgia, an employee can file a private lawsuit if he or she is paid less than the minimum wage to recover past compensation, liquidated damages, attorney’s fees and costs.