Georgia's minimum wage did not rise to $20 an hour in 2026, despite headlines about a bill called the “Georgia Living Wage Act.” House Bill 343 was introduced in the state legislature in February 2025, but it stalled in committee and never became law. If you're an hourly worker in Georgia trying to figure out what wage protections actually apply to you, the honest answer starts with the federal Fair Labor Standards Act, not a bill that stalled before it ever reached a floor vote. An Atlanta employment law attorney can help you sort out what your employer actually owes you under the law as it stands today.
What Was the Georgia Living Wage Act?
House Bill 343, introduced by a group of Democratic state representatives in February 2025, would have raised Georgia's minimum wage to $20 an hour, with automatic annual increases tied to the Consumer Price Index. The bill went further than a simple wage hike. It would have eliminated existing minimum wage exemptions for small businesses, domestic employees, students, and certain nonprofit organizations. It also would have barred employers from counting tips toward the minimum wage, created a private right of action for employees facing retaliation, and added criminal penalties for violations. A companion effort in the Senate, SB 273, proposed an even higher rate of $22 an hour.
Did the Bill Pass?
No. HB 343 was referred to a House committee, where it stalled and has not become law. News coverage of the proposal prompted many Georgia workers to question whether the state's minimum wage had increased to $20 an hour. While the bill attracted attention, it never passed. As of mid-2026, Georgia has not enacted a higher minimum wage, and no increase is currently scheduled.
What Is Georgia's Actual Minimum Wage Right Now?
Georgia's state minimum wage is still $5.15 an hour under O.C.G.A. 34-4-3, but that number rarely applies in practice. Almost every employer in the state is covered by the federal Fair Labor Standards Act, and when state and federal law conflict, employees are entitled to the higher of the two rates. That means most Georgia workers must be paid at least the federal minimum wage of $7.25 an hour. The lower state rate only applies in narrow situations, such as very small employers who fall outside FLSA coverage.
What About Tips and Overtime?
Because HB 343 did not pass, the existing rules on tipped wages and overtime remain unchanged. Employers can pay tipped employees a direct cash wage as low as $2.13 an hour, but tips must bring total pay up to at least $7.25 an hour for every hour worked. If they don't, the employer has to make up the difference. Georgia has no separate state overtime law, so the FLSA rule applies: non-exempt employees are owed one and a half times their regular rate for every hour worked beyond 40 in a workweek.
What Rights Do You Have If You're Being Underpaid?
The failure of a bill in the legislature doesn't leave workers without protection. Federal law already gives Georgia employees real tools to challenge wage violations. You have the right to be paid at least the applicable minimum wage and proper overtime pay, the right to file a complaint with the U.S. Department of Labor's Wage and Hour Division without retaliation, and the right to pursue a private lawsuit for unpaid wages. Many successful FLSA claims also recover liquidated damages equal to the unpaid wages themselves, effectively doubling the recovery. Claims generally must be filed within two years, or three years if the violation was willful, so timing matters.
What Should You Do If Something Feels Off About Your Pay?
Start by keeping your own records: pay stubs, schedules, and a personal log of hours worked, especially if your employer's timekeeping doesn't match your memory of your shifts. Compare your actual hourly pay, including tips if you're a tipped employee, to the $7.25 federal minimum wage. If you raised a concern about your pay and then faced a cut in hours, a schedule change, or discipline that didn't happen before, write down what happened and when. These details matter if a wage claim moves forward.
At Pankey & Horlock, we represent employees across Atlanta and throughout Georgia in disputes over unpaid wages, misclassification, and retaliation. If your paycheck doesn't add up or you were treated differently after raising the issue, we can help. Contact us today to discuss your situation.