Under Georgia overtime laws you earn no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Georgia — only the weekly total counts. The minimum wage is $5.15 by state law (employers of 6 or more); the federal $7.25 applies to FLSA-covered employers.
This guide gives the exact georgia overtime laws rule with the date we verified it, the statute, and what to do next. Rules verified against Georgia has no state wage-and-hour agency for private employers; claims go to the U.S. Department of Labor or court on 2026-10-08; confirm the current rule with Georgia has no state wage-and-hour agency for private employers; claims go to the U.S.
Department of Labor or court or an attorney before you rely on it.
Georgia Overtime Laws at a Glance
| Minimum wage | $5.15 by state law (employers of 6 or more); the federal $7.25 applies to FLSA-covered employers |
| Weekly overtime | No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Georgia — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | No |
In This Georgia Overtime Laws Guide:
Georgia Overtime Laws: The Rules
No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Georgia — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
Georgia has no state overtime law; the federal 40-hour rule applies.
How to Calculate Overtime Under Georgia Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $5.15 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
Georgia Overtime Laws at a Glance
Rules verified against Georgia has no state wage-and-hour agency for private employers; claims go to the U.S. Department of Labor or court on 2026-10-08; confirm the current rule with Georgia has no state wage-and-hour agency for private employers; claims go to the U.S. Department of Labor or court or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $5.15 by state law (employers of 6 or more); the federal $7.25 applies to FLSA-covered employers |
| Weekly overtime | No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Georgia — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | No |
Who Is Exempt From Georgia Overtime Laws
Georgia uses the federal FLSA exemptions, which cover salaried executives, administrative staff, learned and creative professionals, certain computer employees and outside sales workers. Most exempt roles must pass both a duties test and a federal minimum salary test. Outside sales workers have no salary test. A job title alone does not make someone exempt, so confirm your status with the Wage and Hour Division.
Daily Overtime and Georgia Overtime Laws
Georgia has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Private employers in Georgia generally may not give comp time instead of overtime pay. Under the FLSA, private-sector overtime is generally owed in cash. Comp time is generally limited to public-sector employers.
Is Overtime Taxed Differently Under Georgia Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. Georgia follows the federal tip credit rules for FLSA-covered employers.
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Overtime for tipped workers is generally figured from the full federal minimum wage, not the lower cash wage. Tips cannot be used to lower the overtime premium itself.
How to Claim Unpaid Overtime Under Georgia Overtime Laws
Georgia has no state overtime law, so Georgia workers usually claim unpaid overtime through the U.S. Department of Labor’s Wage and Hour Division, not the Georgia Department of Labor. You can file a complaint by phone, online, or at a WHD office; no special form is required. Bring pay stubs and your own record of hours. Most workers may also sue privately under the federal Fair Labor Standards Act (FLSA).
The federal FLSA look-back period applies, and it is longer for willful violations, so confirm your deadline with the WHD soon.
Other Georgia Overtime Laws Rules to Know
Georgia adds no overtime rules beyond federal law. There is no daily overtime, no weekend or holiday premium, and no separate state overtime claim process. Weekly overtime under the FLSA is the only standard for most workers.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Georgia — the bottom line
- Georgia overtime laws start the premium no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under georgia overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- Georgia overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under Georgia overtime laws?
No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Georgia — only the weekly total counts.
What is the overtime rate in Georgia?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does Georgia have daily overtime?
No daily overtime in georgia — only the weekly total counts.
Can my employer give comp time instead of overtime pay in Georgia?
Private employers in Georgia generally may not give comp time instead of overtime pay. Under the FLSA, private-sector overtime is generally owed in cash. Comp time is generally limited to public-sector employers.
How do I claim unpaid overtime in Georgia?
Georgia has no state overtime law, so Georgia workers usually claim unpaid overtime through the U.S. Department of Labor’s Wage and Hour Division, not the Georgia Department of Labor.
Official Georgia Sources & Resources
- Georgia has no state wage-and-hour agency for private employers; claims go to the U.S. Department of Labor or court: https://www.dol.gov/agencies/whd
- Georgia statute: Georgia has no state overtime law; the federal 40-hour rule applies.
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This georgia overtime laws guide was last verified against official Georgia sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Georgia Workplace Rights Guides
- Georgia Break Laws: Meal and Rest Breaks
- Georgia Final Paycheck Law: Deadlines and Penalties
- Georgia Labor Laws: Every Rule in One Place
- Georgia Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.