Georgia has no overtime law at all, so the federal FLSA decides everything: 1.5 times pay after 40 hours a week, no daily overtime. Enter your rate and hours for a Georgia paycheck estimate.
Rules verified November 2026 · Sources: U.S. Department of Labor
By Mudassir Khan
Federal FLSA rules only. Each workweek stands alone.
Georgia has no state wage enforcement agency, so unpaid overtime goes to the federal DOL or to court. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
Georgia passed no private sector overtime statute, so the Fair Labor Standards Act applies directly: nonexempt employees earn at least 1.5 times the regular rate for hours over 40 in a workweek.
Georgia's own minimum wage statute still says $5.15 an hour, unchanged since 2001. But federal law requires the higher rate whenever both apply, so the federal $7.25 minimum governs nearly every Georgia worker.
The Georgia Department of Labor handles child labor and unemployment, not adult wage claims. Unpaid overtime goes to the U.S. Department of Labor Wage and Hour Division or to court.
Gross = (40 × rate) + (hours over 40 × rate × 1.5)
| Rule | Georgia |
|---|---|
| Overtime rule | Federal FLSA only: 1.5 times pay after 40 hours in a workweek, no state overtime statute |
| Minimum wage 2026 | $7.25 federal for nearly all workers (state statute $5.15, unchanged since 2001) |
| State income tax | Yes, flat 5.09 percent in 2026 |
| Claim agency | No state wage enforcement agency; U.S. DOL Wage and Hour Division or court |
| Claim deadline | 2 years under the FLSA, 3 years if the violation was willful |
| Worker | Math | Gross |
|---|---|---|
| $19/hr, 49 hours | $760 + 9 × $28.50 | $1,016.50 |
| $7.25/hr (minimum wage), 52 hours | $290 + 12 × $10.88 | $420.50 |
| $16/hr, 45 hours | $640 + 5 × $24 | $760.00 |
| $25/hr, 40 hours | 40 × $25, no overtime | $1,000.00 |
Example 2 shows the minimum wage overtime floor: 12 overtime hours at $10.88 each add $130.50 to the $290 regular week. At the federal floor, every overtime hour matters.
One of two states below the federal floor. Georgia and Wyoming are the only states whose own minimum wage sits below $7.25. The $5.15 number has not moved since 2001, but it reaches only the rare employer outside FLSA coverage, such as tiny businesses with no interstate commerce and under $40,000 in annual sales.
No final paycheck statute. Georgia has no state deadline for final wages after you quit or are fired. Final pay is due on the next regular payday under general law, with no state penalty for delay, so separating workers should watch the calendar closely.
The income tax keeps falling. Georgia cut its flat rate to 5.09 percent on January 1, 2026 and is scheduled to trim 0.10 percent a year until it reaches 4.99 percent. Your overtime premium keeps a little more of its value each year the cuts continue.
Like Georgia, Florida runs on federal overtime law alone with no state wage agency: our Florida overtime calculator shows the same federal math. The federal baseline is explained in the FLSA overtime rules guide.
No. Georgia has no private sector overtime statute at all, so the federal Fair Labor Standards Act decides overtime for Georgia workers: 1.5 times the regular rate for hours over 40 in a workweek, for nonexempt employees.
The Georgia statute still says $5.15 an hour, unchanged since 2001, but the federal $7.25 minimum wage overrides it for nearly every worker because federal law requires whichever rate is higher. Only the rare employer outside FLSA coverage can legally pay $5.15.
There is no Georgia state agency that enforces wage and hour law for adults. File with the Wage and Hour Division of the U.S. Department of Labor or sue in court. The FLSA gives you 2 years, 3 if the violation was willful.
No. Georgia has no daily overtime rule and no weekend or holiday premium. Only hours over 40 in a workweek earn 1.5 times the regular rate.
Yes. Georgia taxes wages, including overtime, at a flat 5.09 percent rate in 2026. The rate is scheduled to keep falling by 0.10 percent a year until it reaches 4.99 percent.
Yes, if nonexempt. A salary alone does not remove overtime rights in Georgia. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.
Rates and rules checked against these sources in November 2026.
Want the same math without the Georgia framing? Use the overtime pay calculator. Curious what the no tax on overtime deduction does to a Georgia paycheck? Try the deduction calculator and remember the 5.09 percent state tax still applies.