2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 4 - Minimum Wage Law
§ 34-4-3. Amount of Minimum Wage to Be Paid by Employers; Employers and Employees Covered by Chapter

1. Except as otherwise provided in this Code section, every employer, whether a person, firm, or corporation, shall pay to all covered employees a minimum wage which shall be not less than $5.15 per hour for each hour worked in the employment of such employer.
2. This chapter shall not apply with respect to:
   1. Any employer that has sales of $40,000.00 per year or less;
   2. Any employer having five employees or less;
   3. Any employer of domestic employees;
   4. Any employer who is a farm owner, sharecropper, or land renter;
   5. Any employee whose compensation consists wholly or partially of gratuities;
   6. Any employee who is a high school or college student;
   7. Any individual who is employed as a newspaper carrier; or
   8. Any individual who is employed by a nonprofit child-caring institution or long-term care facility serving children or mentally disabled adults who are enrolled in such institution and reside in residential facilities of the institution, if such employee resides in such facilities, receives without cost board and lodging from such institution, and is compensated on a cash basis at an annual rate of not less than $10,000.00.
3. This chapter shall not apply to any employer who is subject to the minimum wage provisions of any act of Congress as to employees covered thereby if such act of Congress provides for a minimum wage which is greater than the minimum wage which is provided for in this Code section.

(Ga. L. 1970, p. 153, §§ 2, 6-8; Ga. L. 1984, p. 1324, § 1; Ga. L. 2001, p. 201, § 1.)

- For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 183 (2001).

JUDICIAL DECISIONS

Ordinance strengthening minimum wage law.

- There is no unconstitutional conflict between the state minimum wage law as codified in this section and a city ordinance, which requires payment of the prescribed Davis-Bacon Act wage scale in construction projects in excess of $10,000.00, when the ordinance does not detract from or hinder the operation of that section, but rather it augments and strengthens it. City of Atlanta v. Associated Bldrs. & Contractors, 240 Ga. 655, 242 S.E.2d 139 (1978).

- Employee that fell under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., exemption was not effectively "covered" by the Act for purposes of O.C.G.A. § 34-4-3(c) analysis, thereby prohibiting that employee from receiving minimum wage compensation under the Georgia Minimum Wage Law (GMWL), O.C.G.A. § 34-4-1 et seq. Anderson v. Southern Home Care Services, Inc., 298 Ga. 175, 780 S.E.2d 339 (2015).

Individual whose employment consisted of providing in-home personal support services was not prohibited from receiving minimum wage compensation under the Georgia Minimum Wage Law, O.C.G.A. § 34-4-1, et seq., pursuant to the "domestic employees" exception articulated in O.C.G.A. § 34-4-3(b)(3). Anderson v. Southern Home Care Services, Inc., 298 Ga. 175, 780 S.E.2d 339 (2015).

Cited in City of Atlanta v. Associated Bldrs. & Contractors, 143 Ga. App. 115, 237 S.E.2d 601 (1977).

RESEARCH REFERENCES

Am. Jur. 2d.

- 48B Am. Jur. 2d, Labor and Labor Relations, §§ 2741, 2960.

- 51B C.J.S., Labor Relations, §§ 1218 et seq., 1234 et seq., 1302 et seq.

- Waiver of statutory right to minimum wage or benefit of regulation as to hours of labor, 102 A.L.R. 842; 129 A.L.R. 1145.

Employee's or agent's acceptance of bonus, gratuity, or other personal benefit from one with whom he deals on employer's or principal's account as affecting his right to recover wages, salary, or commissions, 102 A.L.R. 1115.

Waiver or loss of statutory right to minimum wage or benefit of regulation as to hours of labor, 128 A.L.R. 1145.

Validity of statute, or administrative regulation thereunder, which in effect guarantees to part-time employees minimum wages regardless of the time of their actual employment, 143 A.L.R. 1086.

Validity of statute or regulation in respect of tips, 147 A.L.R. 1039.

Nonprofit charitable institutions as within operation of labor statutes, 26 A.L.R.2d 1020.

Validity of minimum wage statutes relating to private employment, 39 A.L.R.2d 740.

Who is employed in "professional capacity" within exemptions from minimum wage and maximum hours provisions of Fair Labor Standards Act, 72 A.L.R.2d 1156, 77 A.L.R. Fed. 681.

Who is executive, administrator, supervisor, or the like, under exemption for such employees from state minimum wage and overtime pay statutes, 85 A.L.R.4th 519.

Who is employed in "executive capacity" within exemption, under 29 USCS § 213(a)(l), from minimum wage and maximum hours provisions of Fair Labor Standards Act (29 USCS § 201 et seq.), 131 A.L.R. Fed. 1

Who is "employee employed in agriculture" and therefore exempt from overtime provisions of Fair Labor Standards Act by § 13 (b)(12) of Act (29 U.S.C.A. § 213(b)(12)), 162 A.L.R. Fed. 575.

Tips as wages for purposes of state wage laws, 61 A.L.R. 6th 61.