ATTORNEY ADVERTISING | Paul M. Botros, Esq. | Licensed in Texas and Florida

Georgia Overtime Laws

Georgia’s state minimum wage is only $5.15, which means most workers must rely on the stronger **Federal Fair Labor Standards Act (FLSA)** for protection. We use federal law to fight for your right to $7.25/hour and overtime pay.

⚠️ Don't Wait - Time Limits Apply to Wage Claims
Every day matters. Contact us to determine your specific deadline.
Thousands
of Workers Helped
Millions
in Wages Recovered
Nationwide
Federal Court Cases
15+ Years
Employment Law Focus
πŸ’°
Millions Recovered
For Unpaid Workers
βš–οΈ
No Win, No Fee
Zero Upfront Costs
⭐
Top Rated
Employment Attorney
πŸ‡ΊπŸ‡Έ
Nationwide
Network of Counsel

Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

Georgia Law vs. Federal Law

⚠️ Important: Georgia Law is Weak

Georgia is one of the few states with a minimum wage lower than the federal rate ($5.15 vs $7.25). We almost always file claims under Federal Law (FLSA) to ensure you get the higher pay and overtime protections you deserve.

Protection Georgia State Law Federal Law (FLSA)
Minimum Wage $5.15/hr $7.25/hr
Tipped Wage $2.13/hr $2.13/hr
Overtime Pay Weak/Limited 1.5x after 40 hours
Statute of Limitations 2 Years 2 Years (3 if Willful)
Damages Unpaid Wages Double Damages (Liquidated)

Common Georgia Overtime Violations

πŸ” Poultry Processing

Gainesville & North GA: Failing to pay for "donning and doffing" (putting on protective gear), sanitizing equipment, or walking to the line. This is all compensable work time.

🎬 Film & Production

Atlanta ("Yallywood"): Paying "day rates" regardless of hours worked. Even if you earn $500/day, you are still owed overtime if you work more than 40 hours a week (unless exempt).

πŸš› Logistics & Port

Savannah & Warehousing: Misclassifying drivers or warehouse leads as "managers" to avoid overtime, or failing to pay for waiting time at terminals.

🏭 Carpet & Floor

Dalton: Shift work violations, specifically unpaid pre-shift meetings or deducted meal breaks where work is still performed.

πŸ—οΈ Construction

Paying in cash ("under the table") to avoid overtime rates, or paying "straight time" (regular rate) for hours over 40 instead of time-and-a-half.

πŸ₯ Healthcare

Home health aides and nurses in Atlanta often face automatic lunch deductions despite working through breaks.

Common Violations by Georgia Region

Atlanta Metro

Corporate, Film, & Tech:

  • Film Crew: Day rates vs. Hourly
  • IT Helpdesk: Misclassified as "Professional"
  • Office Staff: Unpaid lunch breaks

North Georgia

Poultry & Manufacturing:

  • Line Workers: Unpaid gear prep time
  • Supervisors: Misclassified "leads"
  • Shift Differential: Calculation errors

Savannah / Coastal

Port & Logistics:

  • Dock Workers: Waiting time pay
  • Drivers: 1099 Misclassification
  • Warehousing: Security check time

What You Can Recover

Federal Damages

πŸ’° Double Damages

Under Federal Law, you are typically entitled to "Liquidated Damages," which means you get $2 for every $1 you were underpaid.

πŸ“… 2-3 Year Recovery

You can recover unpaid wages for the last 2 years (standard) or 3 years (if the violation was willful).

πŸ“‹ Attorney Fees

The employer must pay your legal fees and court costs if you win.

Federal Law Advantages for Georgia Workers

Since Georgia state laws are outdated (still $5.15/hr), we strategically file your claim under Federal Law (FLSA) to ensure you receive the highest possible compensation.

πŸ’΅
$7.25 Federal Floor
We bypass the lower state wage to get you federal rates.
βš–οΈ
Federal Court
We often file in the Northern, Middle, or Southern Districts of Georgia.
πŸ’°
Liquidated Damages
FLSA provides automatic double damages for most violations.

Why Choose Our National Wage Recovery Team

While Paul M. Botros is licensed in Texas and Florida, we successfully help Georgia workers recover unpaid wages through our network of skilled Georgia attorneys. We partner with experienced local counsel or obtain special admission (pro hac vice) to ensure you get both specialized wage and hour expertise and local court advantage.

πŸ‡ΊπŸ‡Έ
Federal Strength
National FLSA Strategy
βš–οΈ
Local Power
Partnered with Local Counsel
πŸ’Ό
Specialized Focus
100% Wage & Hour Law

We Level the Playing Field

Large employers have legal teams. With our national network, so do you.

Frequently Asked Questions

What is the minimum wage in Georgia?

Georgia's state minimum wage is technically only $5.15 per hour. However, because this is lower than the federal rate, most employees are legally entitled to the federal minimum wage of $7.25 per hour. If your employer is paying you $5.15, they may be violating federal law.

Does Georgia have overtime laws?

Georgia does not have its own specific overtime laws. Instead, it relies on the federal Fair Labor Standards Act (FLSA). This means most employees must be paid 1.5 times their regular rate for all hours worked over 40 in a workweek.

Are lunch breaks mandatory in Georgia?

No. Unlike some other states, Georgia state law does not require employers to provide meal or rest breaks for adult employees. However, if your employer does provide a break (like a 30-minute lunch), they don't have to pay you for it only if you are completely relieved of all work duties. If you have to answer phones or work while eating, you must be paid.

Can I get paid for "donning and doffing" gear in Georgia?

It depends, and the standards are very strict. Under Supreme Court rulings (like Integrity Staffing v. Busk), you are generally only paid for donning and doffing if the gear is "integral and indispensable" to your principal job dutiesβ€”meaning you cannot perform your work safely without it. These claims are highly fact-specific. For example, complex protective gear in poultry plants may qualify, while generic gear (like hard hats or safety glasses) often does not per Sandifer v. U.S. Steel. We can evaluate your specific routine to see if it meets this high legal bar.

Is the film industry exempt from overtime in Georgia?

Generally, no. While many film production workers in Atlanta are paid a "day rate," they are still typically entitled to overtime pay if they work more than 40 hours in a week. Simply paying a flat day rate does not automatically make an employee exempt from overtime.

How far back can I sue for unpaid wages?

Under federal law (which applies in Georgia), you can typically recover unpaid wages for the last 2 years. If we can prove your employer "willfully" violated the law (knew they were underpaying you but did it anyway), we can extend that to 3 years.

Get Your Free Case Evaluation

Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

By submitting this form, you agree to be contacted regarding your case. We respect your privacy.