2021 Georgia Minimum Wage

Why the federal rate applies when the state rate is lower

Georgia sets its own state minimum wage at $5.15 per hour, which is below the federal minimum wage. When a state minimum wage is lower than the federal minimum wage, the federal rate controls the pay floor for covered employees. This means most workers in Georgia must be paid at least the federal hourly minimum wage, even though the state has its own lower rate. The federal rule operates as a backstop: it does not override a higher state wage, but it prevents a lower state wage from reducing workers' pay. A small number of employers and workers may fall within the "limited exceptions" where only the Georgia rate applies, but these are narrow. For the vast majority of covered workers, employers must pay the federal rate rather than Georgia's lower figure. The rule comes from the Fair Labor Standards Act, which establishes the federal floor that states cannot undercut for covered employees.

Georgia's minimum wage is $5.15 per hour, however, with some limited exceptions, the federal minimum wage rate applies.

Minimum Wage (Georgia Department of Labor)