Georgia Overtime Pay Calculator

Georgia has no state-level overtime law. Federal FLSA governs every covered non-exempt worker: 1.5x the regular rate for hours over 40 in a workweek. The state's own minimum wage of $5.15/hour is preempted by the higher federal $7.25/hour for FLSA-covered workers, which is virtually all employers with $500K+ in annual sales.

Georgia law (O.C.G.A. §34-4-3) explicitly prevents cities and counties from setting local minimum wages above the state rate, so unlike many other states, there are no city-specific overtime floors in Atlanta or Savannah.

The tip credit in Georgia is the federal maximum: tipped workers can be paid as little as $2.13/hour in cash wages as long as tips bring them to $7.25/hour. Overtime, however, must be calculated on the full $7.25 — yielding a $10.88 overtime rate, minus the $5.12 maximum tip credit, for a cash OT rate of $5.76/hour plus tips.

Independent-contractor misclassification is widespread in Georgia construction, delivery, and gig industries. The FLSA economic-realities test — not the IRS test — controls whether a worker is entitled to overtime, and most 1099 workers in physically supervised jobs are actually employees under FLSA.

Georgia workers file FLSA claims with the U.S. Department of Labor's Atlanta district office or sue directly in federal court (the Northern District of Georgia handles the most wage cases in the state). Recovery includes back overtime plus equal liquidated damages, attorney's fees, and court costs.

The statute of limitations is 2 years, extended to 3 for willful violations. Georgia does not provide additional state remedies, so the federal window is the only one.