Georgia Labor Laws

In 2020, the minimum wage is $7.25 / hour.

In Georgia, the tipped minimum wage is $2.13/hour.

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($7.25 per hour) by 1½ (1.5), subtract the tip credit ($5.12 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

Yes. The Fair Labor Standards Act does not limit the types of work employees 18 and over may be required to perform. This is true whether or not the work asked of the employee is listed on the job description.

Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee’s representative). The Fair Labor Standards Act does not require extra pay for weekend or night work. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees.

Neither the Fair Labor Standards Act (FLSA) nor Georgia law requires breaks or meal periods be given to workers. However, many employers do provide breaks and meal periods, even though discretionary with the employer. Breaks of short duration, from 5 to 20 minutes, are common. The FLSA requires that workers be compensated during short break periods; however, an employer does not have to compensate workers meal periods of thirty minutes or more, as long as the workers are free to use the meal period time as they wish and are not required to perform work during that time.

Neither federal nor state law requires that an employer provide vacation, sick, or personal leave.

Unless you have a contract with your employer for a specified length of service, either you or your employer may terminate the employment relationship at any time, with or without cause, for any reason or no reason at all, with the exception of illegal discrimination. This is frequently called “Employment-at-Will.”

If you believe you’ve been terminated on the basis of discrimination or speaking up about workplace issues (including on social media), it may be a wrongful termination.

Georgia state law does not have any specific regulations on how to pay out an employee’s remaining pay after they are let go from the company. Thus, your employer is required by the federal Fair Labor and Standards Act (FLSA) to give you your final paycheck by the last day of your last pay period.

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The Garber Law Firm

At The Garber Law Firm, we are committed to protecting — and enforcing — the rights of employees. We advocate aggressively to obtain justice for employees who have experienced discrimination, harassment, wrongful termination, wage and overtime violations, and theft.