Georgia is one of the few states whose own minimum wage is lower than the federal one. State law still says $5.15 an hour, but the Georgia Department of Labor itself notes that, with limited exceptions, the federal rate of $7.25 applies [2]. In practice, almost every hourly job in Georgia has to pay at least $7.25.
At a glance
- Federal minimum wage
- $7.25 an hour [1]
- Georgia's own rate
- $5.15 an hour, employers of 6 or more [1][2]
- Which one you get
- The federal rate whenever the federal law covers your job [1]
- Tipped workers
- $2.13 cash wage plus tips, at least $7.25 total [3]
- Overtime (federal)
- 1.5 times your regular rate [1]
| Rate | Per hour | Who it covers |
|---|---|---|
| Federal minimum (FLSA) | $7.25 | Most jobs: workers covered by the Fair Labor Standards Act |
| Georgia minimum (O.C.G.A. 34-4-3) | $5.15 | Employers of 6 or more, only for jobs the federal law doesn't cover |
| Tipped cash wage (federal) | $2.13 | Employees who regularly get more than $30 a month in tips; tips must make up the other $5.12 |
State law vs. federal law
Georgia’s minimum wage statute sets $5.15 an hour for employers with 6 or more employees [1]. But the same law excludes any job that is covered by the federal FLSA when the federal rate is higher [1]. Since the federal rate is $7.25, the federal law wins for anyone it covers, and the U.S. Department of Labor states plainly that employers subject to the FLSA must pay $7.25 [1].
So the real question for most workers isn’t “what does Georgia say?” but “does the federal law cover my job?”
Who the federal law covers
The FLSA reaches most workers in two ways [4]:
- Through the employer (enterprise coverage). Businesses with at least $500,000 a year in sales or business are covered, and so are hospitals, businesses that provide medical or nursing care for residents, schools and preschools, and government agencies, regardless of their sales [4].
- Through the job itself (individual coverage). Even at a smaller business, workers are covered if their own work is part of interstate commerce, such as handling goods or communications that cross state lines [4]. Domestic workers such as housekeepers, full-time babysitters and cooks are normally covered too [4].
That leaves Georgia’s $5.15 rate with a narrow slice: jobs that fall outside the federal law at employers with six or more employees.
Tipped workers
Georgia’s minimum wage law does not cover tipped employees, so the federal rules apply [3]. Under them, an employer can pay a cash wage as low as $2.13 an hour and count up to $5.12 in tips toward the $7.25 minimum [3]. This applies to employees who regularly receive more than $30 a month in tips [3]. If your tips plus the cash wage come up short of $7.25 for the hours you worked, the employer has to make up the difference.
If you’re paid less than you’re owed
Start by writing down your hours and pay for each week and keeping your pay stubs. Because the federal law sets the rate for most Georgia jobs, the Georgia Department of Labor points workers to the U.S. Department of Labor’s Wage and Hour Division and the FLSA for details [2].
Sources
Common questions
What is the minimum wage in Georgia in 2026?
For most workers it's $7.25 an hour, the federal minimum. Georgia's own law sets $5.15, but it doesn't apply to jobs covered by the federal Fair Labor Standards Act when the federal rate is higher.
Who can legally be paid $5.15 an hour in Georgia?
Only workers whose jobs fall outside the federal wage law. Georgia's $5.15 rate applies to employers with 6 or more employees, and only where the federal law doesn't reach. Most employers are covered by the federal law and owe at least $7.25.
What is the minimum wage for tipped workers in Georgia?
Georgia's minimum wage law doesn't cover tipped employees, so federal rules apply: at least $2.13 an hour in cash wages, and tips must bring total pay to at least $7.25 an hour. If they don't, the employer makes up the difference.