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Wage and hour law covers the rules and regulations governing how much employees must be paid and how many hours they can be required to work. In Georgia, wage and hour laws are influenced by both federal laws, primarily the Fair Labor Standards Act (FLSA), and some state-specific guidelines. These laws are designed to protect the rights of workers and ensure they receive fair compensation for their time. Common topics under wage and hour law include minimum wage, overtime pay, meal and rest breaks, recordkeeping, and classifications of employees versus independent contractors.
There are many situations where legal help is valuable in wage and hour matters. Employees may have concerns about unpaid wages, missed overtime payments, wrongful classification as an independent contractor, or wage theft. Employers may seek guidance on compliance, recordkeeping, or how to handle wage disputes correctly. Legal representation is especially helpful when there are instances of retaliation for complaints, unclear wage policies, or violations involving multiple employees. A lawyer can help you recover lost wages, defend your rights, or ensure your business practices comply with the law.
Georgia follows the federal minimum wage, which is set at $7.25 per hour as of 2024. Georgia has its own minimum wage law stating a lower rate, but because most employers are covered by federal law, the federal rate applies in nearly all cases. Overtime is owed at 1.5 times the regular rate of pay for all hours worked over 40 in a workweek, but certain employees are exempt from this rule. Georgia does not require employers to provide meal breaks or rest periods, except for minor employees. Other relevant topics include tip pooling rules, how commissions are handled, and the correct classification of workers. Employers must keep accurate records of employees’ hours and pay.
The minimum wage in Georgia is $7.25 per hour for most employees because the federal minimum wage takes precedence for nearly all jobs.
Yes, most hourly employees in Georgia are entitled to overtime pay at one and one-half times their regular rate for hours worked over 40 in a workweek.
Yes, employers can pay tipped employees a base wage as low as $2.13 per hour, provided that with tips, employees make at least the federal minimum wage.
No, Georgia law does not require employers to provide lunch or rest breaks to adult employees. Any breaks provided are a matter of company policy.
You should keep records of your hours worked and pay received, speak to your employer, and if not resolved, consider filing a complaint with the U.S. Department of Labor or consult a wage and hour attorney.
Georgia does not require immediate final paychecks, but employers must pay terminated employees by the next regularly scheduled payday.
No, most wage and hour laws apply only to employees. However, some workers may be misclassified, and a legal evaluation may be necessary to determine proper status.
Employers may make certain deductions if legally required or if you have consented in writing, but deductions cannot reduce your pay below the minimum wage unless legally allowed.
You may be entitled to back pay for unpaid overtime, and possibly additional damages. You can file a complaint with the U.S. Department of Labor or seek legal assistance.
It is illegal for an employer to retaliate against you for complaining or filing a claim about wage issues. Retaliation claims can also be made through the Department of Labor or with legal counsel.
If you need help or more information about wage and hour matters in Georgia, you can contact the following resources:
If you believe your wage and hour rights have been violated or you have questions about how to comply with the law, it is important to act promptly. Start by collecting all relevant documentation, such as pay stubs, timesheets, employment agreements, and correspondence with your employer. Reach out to a knowledgeable wage and hour attorney for specific guidance on your situation. You may also consider contacting local labor authorities or filing a complaint with the U.S. Department of Labor. By getting professional legal help, you can better understand your rights and how to resolve your wage and hour concerns.
