Georgia Employment Law — full calculator

Frequently Asked Questions

• What are Georgia's overtime rules in 2026?

  Georgia follows the federal FLSA overtime standard: employers must pay 1.5× the regular rate for all hours worked over 40 in a workweek. There is no daily overtime threshold, no seventh-day rule, and no double-time rate. Most salaried executive, administrative, and professional employees earning at least $684/week are exempt. Source: dol.georgia.gov (as of 2026).

• When must Georgia employers issue a final paycheck after termination?

  Under O.C.G.A. § 34-7-2, the final paycheck is due by the employee's next regular payday — the same rule applies whether the employee was fired, laid off, or quit. Georgia has no same-day payment requirement and no state waiting-time penalty for late final checks. Employees can recover unpaid wages through Georgia Magistrate Court or the U.S. DOL Wage and Hour Division. Source: dol.georgia.gov (as of 2026).

• Are non-compete agreements enforceable in Georgia?

  Yes. Georgia's Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) makes non-compete agreements enforceable for sales personnel, brokers, managers, key employees, and professionals when the agreement is reasonable in duration (2 years or less is presumptively reasonable), geographic scope, and restricted activities. Courts may blue-pencil (modify) overbroad provisions rather than void the entire agreement. Georgia does not ban non-competes (unlike California or North Dakota). Source: O.C.G.A. § 13-8-50 (as of 2026).

• What is Georgia's minimum wage in 2026?

  Georgia's state minimum wage is $5.15/hr (O.C.G.A. § 34-4-3), below the federal FLSA floor of $7.25/hr. Most Georgia employers must pay $7.25/hr because federal FLSA coverage applies and supersedes the state rate. Very small employers not covered by FLSA (annual sales below $500,000, no interstate commerce) may legally pay $5.15/hr. Tipped employees may receive $2.13/hr in direct wages if tips bring the total to at least $7.25/hr. Source: dol.georgia.gov/minimum-wage (as of 2026).

• Does Georgia require meal or rest breaks?

  No. Neither Georgia state law nor the federal FLSA requires employers to provide meal or rest breaks to adult employees. If an employer voluntarily provides short breaks of 5–20 minutes, federal law requires those breaks be paid. Unpaid meal periods of 30 minutes or more are permissible when the employee is completely relieved of duties. Source: dol.georgia.gov (as of 2026).

• Does Georgia have a state paid sick leave law?

  No. Georgia has no state-mandated paid or unpaid sick leave law as of 2026. Employers are not required by Georgia law to offer sick leave. Any sick leave policy is at the employer's discretion or governed by a collective bargaining agreement. Source: dol.georgia.gov (as of 2026).

• What is the penalty for a late final paycheck in Georgia?

  Georgia does not impose a state waiting-time penalty for late final paychecks. Employees may file a civil wage claim in Georgia Magistrate Court (small claims) in the county where the employer is located, or contact the U.S. DOL Wage and Hour Division. Federal FLSA remedies provide back wages plus equal liquidated damages plus attorney's fees. Source: O.C.G.A. § 34-7-2; dol.georgia.gov (as of 2026).

• How long can a non-compete agreement last in Georgia?

  Under O.C.G.A. § 13-8-53(c), non-compete restrictions of 2 years (24 months) or less are presumptively reasonable in Georgia. Restrictions longer than 24 months face greater scrutiny but are not automatically void — a court may blue-pencil the duration to 24 months. Restrictions exceeding 36 months are very likely to be modified by a court. Source: O.C.G.A. § 13-8-50 et seq. (as of 2026).

• Can a Georgia employer pay less than $7.25/hr?

  Only if the employer is not covered by the federal FLSA. FLSA coverage applies to businesses with $500,000 or more in annual sales or any employee engaged in interstate commerce. Non-covered employers may legally pay Georgia's $5.15/hr state minimum. Tipped employees can receive $2.13/hr in direct wages if total earnings reach $7.25/hr. Youth employees under 20 in their first 90 days may be paid $4.25/hr under the federal youth minimum wage. Source: dol.georgia.gov/minimum-wage (as of 2026).

• Is Georgia a right-to-work state?

  Yes. Georgia is a right-to-work state. Workers cannot be required to join a union or pay union dues as a condition of employment, in any public or private workplace. Source: dol.georgia.gov (as of 2026).