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.
O.C.G.A. § 34-4-3.1 expressly prohibits any local government from establishing, mandating, or otherwise requiring a minimum wage rate that exceeds the state minimum or that is otherwise inconsistent with state minimum wage law. Georgia's nominal state minimum (O.C.G.A. § 34-4-3) is $5.15/hour, one of the lowest in the country, but it applies only to employers not covered by the federal FLSA. For most workers, the federal $7.25/hour rate controls under the FLSA (29 U.S.C. § 206). The City of Atlanta operates a $15/hour living wage for its own City workforce (Atlanta City Council Resolution 17-R-3855, with subsequent increases), but this does not extend to private employers. Atlanta's 2017 effort to extend the living wage to City service contractors operated under the contracting carve-out and does not constitute a general wage ordinance. The Georgia Department of Labor administers state wage rules; U.S. DOL enforces FLSA.
Federal FLSA remedies under 29 U.S.C. § 216(b) include back wages plus equal liquidated damages for willful violations and civil penalties up to $2,374 per violation. Georgia wage claims may also be filed with the Georgia Department of Labor or pursued under O.C.G.A. § 34-7-2 (private right of action for wages owed).
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