Dealing With Unpaid Wages in Georgia
My employer hasn't paid me — here's what Georgia law says and what to do next.
Statute: Ga. Code § 34-7-2
Deadline: 15 days
Penalty: Georgia does not have a specific final paycheck statute with penalty provisions. Employees may file claims under the Georgia Department of Labor or federal FLSA
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Georgia differs from federal law
Georgia has the lowest state minimum wage in the country, but federal law supersedes it for most workers:
- Georgia state minimum wage: $5.15/hr — one of the lowest in the U.S.
- Federal minimum wage: $7.25/hr — this is what most Georgia workers are actually entitled to, because federal law applies to employers covered by the FLSA
- Georgia's $5.15 rate only applies to workers at employers not covered by the FLSA (very small businesses not engaged in interstate commerce)
- Georgia does not have a tipped employee base wage law — the federal $2.13/hr tipped rate applies
Additional steps in Georgia
Most Georgia workers should use the federal $7.25/hr standard. File minimum wage complaints with the federal DOL Wage and Hour Division's Atlanta office. Georgia does not have a state-level minimum wage enforcement agency.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Georgia, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Georgia.