Understanding Your Paycheck: Wage and Hour Laws in Georgia Explained
Your paycheck is more than just a number—it’s a reflection of your hard work, your time, and the laws that protect your rights as an employee. Whether you work in Atlanta or elsewhere in Georgia, it’s important to understand the state and federal wage and hour laws that determine how much you’re paid, when you're paid, and what your employer can legally deduct. Here's what every Georgia worker should know about their paycheck.
Minimum Wage in Georgia: What You’re Entitled To
Georgia’s minimum wage is $5.15 per hour, which is lower than the federal minimum wage. However, most employees in Georgia are covered by the federal Fair Labor Standards Act (FLSA), which guarantees at least $7.25 per hour. That means unless you fall into a narrow exemption category, you should be receiving no less than $7.25 per hour.
Tipped employees in Georgia may earn a base wage as low as $2.13 per hour as long as tips bring their total earnings to at least the federal minimum. If they don’t, the employer must make up the difference. If you work in a restaurant or hospitality job in Atlanta and suspect you’re not earning enough in tips to meet minimum wage, it may be worth speaking with a wage and hour attorney.
Overtime Laws in Georgia: What Counts as Extra Pay
Under both Georgia and federal law, non-exempt employees are entitled to overtime pay for any hours worked over 40 in a single workweek. Overtime must be paid at 1.5 times your regular hourly rate.
However, not everyone qualifies. Exempt employees—such as some managers, administrative workers, and professionals—aren’t entitled to overtime under the FLSA. But just because you're salaried doesn’t mean you're exempt. One of the most common violations we see in the Atlanta metro area is the misclassification of workers as exempt to avoid paying overtime.
If you regularly work long hours without receiving overtime and are not in a clearly exempt role, it’s time to examine your classification more closely.
Breaks and Meal Periods: What Georgia Law Says
Georgia law does not require employers to provide meal or rest breaks. That means if your employer offers breaks, they’re doing so voluntarily—unless federal law requires compensation for that time.
Under the FLSA, short breaks (typically lasting 5 to 20 minutes) must be paid. Meal periods (30 minutes or more) can be unpaid if you're fully relieved of your duties. But if you're expected to answer phones, monitor equipment, or stay on call during your break, you must be compensated.
In busy Atlanta workplaces—such as call centers, healthcare settings, or logistics hubs—it’s not unusual for employers to misuse or mislabel break time. If you’re being shorted on paid time, keep detailed records and consider speaking with a legal professional.
Illegal Deductions and Withholding
Employers can’t make deductions that reduce your pay below the minimum wage or affect your overtime earnings. That includes charges for uniforms, tools, register shortages, or mistakes on the job.
If you work in retail, construction, or service industries in Atlanta and see unexpected deductions on your pay stub, ask for an explanation. You have the right to understand what’s being taken out—and why.
What to Do If There’s a Problem
If your paycheck doesn’t seem right, start by asking your employer or HR department for clarification. But if you’re getting the runaround—or if the issue continues—file a complaint with the U.S. Department of Labor or consult a Georgia wage and hour attorney.
You may be entitled to back pay, damages, or even legal fees if your rights have been violated.
Protecting Atlanta Workers: We’re Here to Help
At Pankey & Horlock, LLC, we’ve spent decades helping workers in Atlanta and across Georgia stand up for their rights. If your paycheck isn’t adding up, or if you’re being denied overtime or subjected to illegal deductions, we’re here to help. Our firm combines experience, knowledge, and a deep understanding of Georgia labor laws to fight for fair pay.
Contact our Atlanta-area office today to schedule a consultation and make sure you’re getting every dollar you’ve earned.