Georgia Statewide Rule
Georgia Minimum Wage Preemption Under O.C.G.A. 34-4-3.1
Key Facts
- Preemption Statute
- O.C.G.A. 34-4-3.1 preempts local minimum wage rules
- State Minimum Wage
- State minimum wage is $5.15; federal FLSA is $7.25
- Local Mandates Private
- Local mandates on private wages and benefits are void
- Prevailing Wage Requirements
- Prevailing wage requirements on private projects are limited
Summary
Georgia prohibits local governments from setting minimum wages above state or federal levels under O.C.G.A. 34-4-3.1, a Title 34 preemption enacted in 2004 and broadened in 2017.
(b) (1) Any and all wage or employment benefit mandates adopted by any local government entity are hereby preempted. (2) No local government entity may adopt, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate.
Full Breakdown
Under O.C.G.A. 34-4-3.1, Georgia preempts local minimum wage ordinances. Counties and municipalities may not require employers to pay wages higher than the state minimum (currently $5.15 for non-FLSA-covered employers) or the federal minimum of $7.25 for FLSA-covered work. Local rules dictating wage rates, vacation, sick pay, or other employment benefits for private employers are void. The statute also restricts local prevailing wage requirements on private projects. Tipped wages and overtime continue to follow federal FLSA standards.
Violations & Penalties
Local minimum wage ordinances are unenforceable; conflicting requirements may invite legal challenge.
Frequently Asked Questions
Can Georgia cities raise the minimum wage?
What is Georgia's minimum wage?
Sources
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