Georgia Overtime Laws: What Most People Get Wrong

You’re staring at your paycheck on a Friday afternoon, and the math just isn't mathing. You put in 50 hours this week at the warehouse in Savannah or maybe at a tech firm in Midtown Atlanta. But that "time-and-a-half" you were expecting? It’s nowhere to be found.

Honestly, Georgia is a bit of a "Wild West" when it comes to state-level labor protections. If you're looking for a specific Georgia statute that dictates overtime, you're going to be looking for a long time.

The state basically shrugs and points toward Washington, D.C.

The "Invisible" Georgia Overtime Laws

Here’s the thing: Georgia doesn’t have its own dedicated overtime law. Instead, it leans entirely on the federal Fair Labor Standards Act (FLSA). Because the state doesn't have a stricter rule, the federal floor becomes the ceiling.

Basically, if you aren't "exempt," you must be paid 1.5 times your regular rate for every hour worked over 40 in a single workweek.

It sounds simple. It rarely is.

Many employers in the Peach State rely on the fact that workers don't know the nuances. They might tell you that because you’re on a "salary," you don't get overtime. That is often a flat-out lie. Being salaried is only one piece of the puzzle.

The Big Tax Change in 2026

Something actually did change recently at the state level, and it’s a big deal for your take-home pay. As of January 1, 2026, Georgia implemented the Overtime Income Tax Exemption Act (HB 826).

If you are a full-time hourly worker, you can now exclude up to $10,000 of your overtime earnings from your state income tax.

The state government realized that taxing people heavily for working extra hard was kind of a raw deal. So, while the law doesn't force your boss to pay you more per hour than the federal 1.5x rate, the state is finally taking a smaller bite out of that extra cash. It’s a win, but it only applies to hourly folks—not the "salaried non-exempt" crowd.

Who Actually Gets Paid?

Most people think "hourly = overtime" and "salary = no overtime."

Wrong.

To be truly exempt from overtime pay in Georgia, you usually have to pass three specific tests. If you fail even one, you're likely owed back wages.

1. The Salary Level Test: As of 2026, the federal threshold for "white-collar" exemptions is significantly higher than it used to be. If you make less than $1,128 per week (which comes out to about $58,656 a year), you are almost certainly entitled to overtime, even if your boss calls you a "manager."
2. The Salary Basis Test: You have to get a guaranteed minimum amount of money every week that doesn't fluctuate based on the quality or quantity of your work. If your boss "docks" your pay because business was slow on Tuesday, they might have accidentally destroyed your exempt status.
3. The Duties Test: This is where the real legal battles happen. Your "primary duty" must be executive, administrative, or professional.

Let's look at a real-world example. Say you're an "Assistant Manager" at a retail spot in Alpharetta. You spend 90% of your day stocking shelves, running the register, and cleaning floors. Your boss says you're exempt because of your title.

They are wrong.

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In the eyes of the Department of Labor, if your primary job is manual or routine labor, you are a non-exempt employee. Titles are cheap; duties are what matter.

Common Misclassifications in Georgia

• The "Independent Contractor" Trap: This is rampant in the Atlanta construction and logistics scenes. Just because you signed a 1099 doesn't mean you are a contractor. If the company controls when you show up, what tools you use, and how you do the job, you’re an employee. And employees get overtime.
• The "Comp Time" Scam: Private employers in Georgia cannot give you "comp time" (extra vacation hours) instead of cash for overtime. Only government agencies (like a county office or the state) can legally do that. If a private company tells you to "just take Friday off next week" to make up for 10 extra hours this week, they’re breaking the law.
• The "Off-the-Clock" Request: "Hey, can you just finish those emails at home?" or "Don't clock in until you've got your uniform on." If you're working, you're earning.

Calculating Your True Rate

Calculating overtime isn't always as easy as multiplying your hourly rate by 1.5.

What if you get a shift differential for working the night shift? What if you get a non-discretionary production bonus?

Those amounts have to be baked into your "regular rate" before the 1.5x multiplier is applied.

Example: You make $20/hour but also get a $100 bonus for hitting a weekly goal. If you work 50 hours, your overtime isn't just based on the $20. It’s based on the $20 plus the per-hour value of that bonus.

The 40-Hour Wall

In Georgia, overtime is strictly weekly. There is no daily overtime.

You could work a 24-hour shift on Monday (don't do that), and if you don't work the rest of the week, you get zero overtime. You only hit the "overtime zone" once you cross the 40-hour mark within your company's designated 7-day workweek.

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Note that the "workweek" doesn't have to be Monday to Sunday. It can be Wednesday to Tuesday. But once it’s set, the boss can't move it around just to avoid paying you for a busy weekend.

What to Do If You're Getting Screwed

If you realize your employer has been pocketing your overtime pay, don't just quit in a huff. You have options, and they usually come with a "look-back" period.

The FLSA generally allows you to recover back wages for the past two years. If you can prove the employer willingly broke the law, that window extends to three years.

Step-by-Step Recovery

1. Keep Your Own Logs: Do not rely on the company's app. Use a notebook or a notes app on your phone. Record every minute.
2. The Internal Route: Sometimes it's a genuine payroll error. Bringing it up to HR (in writing) is a good first step.
3. The Federal Route: Since Georgia doesn't have a state agency that "polices" overtime, you file a complaint with the U.S. Department of Labor (WHD). They have offices in Atlanta and Savannah.
4. Small Claims (Magistrate Court): If the amount is under $15,000, you can take them to Magistrate Court without a high-priced lawyer. It’s a faster way to get your money than waiting on a federal investigation.
5. Private Lawsuit: For large amounts or systemic issues where a whole group of workers is being cheated, an employment attorney is your best bet. Under the FLSA, if you win, the employer often has to pay your attorney's fees and "liquidated damages" (which is basically double the money they owed you).

Actionable Next Steps

Check your status today.

First, look at your total annual pay. If it's under $58,656, and you’re working more than 40 hours without extra pay, you probably have a claim.

Next, grab your last three paystubs. Look for any "bonuses" or "commissions" that weren't included in your overtime calculation.

If you suspect you're misclassified, write down exactly what you do for at least 51% of your day. Are you making high-level decisions, or are you following a manual?

Finally, if you're an hourly worker, make sure your 2026 tax filings reflect that new $10,000 exemption. Don't give the state more money than you have to.

The law in Georgia might be thin, but the federal protections are heavy. You don't have to "just be happy you have a job." You have a right to be paid for every minute you give to a company.