Minimum Wage Preemption: Atlanta vs Roswell
How do minimum wage preemption rules compare between Atlanta, GA and Roswell, GA?
Atlanta and Roswell have similar restriction levels.
Atlanta, GA
Fulton County
Atlanta cannot set its own minimum wage. O.C.G.A. § 34-4-3.1 preempts local wage ordinances. Georgia's state minimum wage is $5.15/hour (O.C.G.A. § 34-4-3), but federal FLSA's $7.25/hour preempts the lower Georgia rate for most workers. Tipped wage: $2.13/hour cash + tips equaling $7.25 federal floor.
View full Atlanta rules →Roswell, GA
Fulton County
Georgia prohibits local governments from setting minimum wages above state or federal levels under Title 34 preemption enacted through HB 234.
View full Roswell rules →Key Facts Comparison
| Fact | Atlanta | Roswell |
|---|---|---|
| Georgia Minimum Wage | $5.15/hr (nominal, FLSA-exempt) | - |
| Federal Floor (applies to most) | $7.25/hr | - |
| Tipped Wage | $2.13/hr + tips | - |
| Preemption Statute | O.C.G.A. § 34-4-3.1 | - |
| Atlanta City Employees | $15+/hr living wage | - |
| - | - |
Highlighted rows indicate differences between cities.
Atlanta FAQ
Why does Georgia's minimum wage say $5.15 but workers earn $7.25?
Georgia's $5.15 statutory rate (O.C.G.A. § 34-4-3) is preempted by the federal FLSA's $7.25 floor for the vast majority of workers. Only narrowly FLSA-exempt employers may legally pay the $5.15 rate. Most Atlanta workers earn at least $7.25/hour.
Can Atlanta pass a $15 minimum wage like other cities?
No. O.C.G.A. § 34-4-3.1 expressly preempts any local wage ordinance. Atlanta can only require a higher wage for its own City employees and direct contractors, not for private employers.
What is the tipped minimum wage in Atlanta?
$2.13/hour cash wage as long as tips bring the worker to $7.25 federal minimum. Georgia's separate tipped minimum is $2.13 under FLSA tip-credit rules at 29 U.S.C. § 203(m).
Roswell FAQ
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