Paying Employees in Georgia: What the Law Requires

Minimum wage: almost always $7.25

Georgia's statute sets a $5.15 minimum wage (O.C.G.A. § 34-4-3), but it applies only to employers with six or more employees who are not covered by the federal Fair Labor Standards Act. Most Georgia employers are covered, so they must pay the federal minimum of $7.25 an hour (29 U.S.C. § 206). No Georgia minimum wage increase has been enacted.

Overtime: 1.5 times after 40 hours

Covered non-exempt employees must be paid at least one and one-half times their regular rate for hours over 40 in a workweek (29 U.S.C. § 207). Georgia has no separate state overtime law. Day rates, piece rates, and "salary" don't avoid overtime for non-exempt workers. The regular rate is calculated from all pay for the week, then overtime is added on top.

Salaried exemptions: $684 a week plus a duties test

To treat an employee as exempt under the executive, administrative, or professional exemptions, you generally must pay a salary of at least $684 per week ($35,568 a year) and the job duties must meet the exemption test (29 C.F.R. § 541.600). The highly compensated employee threshold is $107,432. A 2024 rule that would have raised these amounts was vacated by a federal court in November 2024, and the Department of Labor formally restored the prior figures in May 2026. Paying a salary alone never makes someone exempt; a crew lead who mostly does field work is usually non-exempt.

Pay days and final paychecks

• Frequency: covered Georgia employers must pay at least twice a month, with the month divided into at least two equal periods (O.C.G.A. § 34-7-2). Weekly and biweekly schedules satisfy that.
• Method: direct deposit is allowed with the employee's consent, and payroll cards are permitted.
• Final paychecks: Georgia has no statute setting a specific deadline for a private employer's final paycheck. Pay it on the regular pay day at the latest; minimum wage and overtime rules still apply.
• Deductions: deductions for tools, uniforms, or damage that primarily benefit the employer can't cut into minimum wage or required overtime (29 C.F.R. § 531.35).

Registrations and reports with your first hires

• New-hire reporting: report every new hire and rehire to the Georgia New Hire Reporting Program within 10 days of the hire date (O.C.G.A. § 19-11-9.2). A rehire is someone returning after 60 or more days away.
• Unemployment insurance: register with the Georgia Department of Labor once you pay $1,500 or more in wages in a calendar quarter or employ someone during 20 different weeks in a year (O.C.G.A. § 34-8-33). GDOL says to register right after your first Georgia payroll.
• Workers' compensation insurance: Georgia requires coverage for employers that regularly employ three or more people, part-time included (O.C.G.A. § 34-9-2 and State Board guidance).
• Form I-9 for every hire, and E-Verify if you have more than ten full-time employees. See E-Verify requirements.
• Workplace posters: GDOL's required posters are free from GDOL. Be wary of vendors selling them under official-looking names.
• Separation notices: GDOL requires employers to give a separation notice when employment ends.

Employee or independent contractor?

Labeling a worker a 1099 contractor doesn't make it so. If you control how, when, and where the work is done, the worker may legally be an employee, and the overtime, unemployment, and tax rules apply. Misclassification is one of the most expensive mistakes in the trades. See 1099 vs. W-2 for construction workers.

Georgia employer pay rules at a glance

Frequently Asked Questions