Filing a Wage and Hour Claim – Georgia

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

Georgia does not have overtime laws that are different from federal law. Additional information on federal overtime law is available at http://www.workplacefairness.org/overtime.

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

The current minimum wage in Georgia is $5.15 per hour, and applies to employees not covered by the Fair Labor Standards Act (FLSA). Otherwise, Georgia’s minimum wage payment is equal to the federal minimum wage of $7.25.

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

Georgia does not have any meal or rest break requirements.

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.

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.

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.