Human Resource Blog

9 Responses to “Georgia Minimum Wage Requirements”

1. Georgia Ranked #2 by Site Selection Magazine - Labor Law Center Blog Says:
   November 9th, 2007 at 12:43 pm

   […] November 2007 issue of Site Selection Magazine ranks Georgia as the #2 state in which to do business. That’s an increase from #4 last year, and a welcome […]

2. Jenn Says:
   August 10th, 2008 at 9:22 am

   I work in a restaurant in Georgia. It seems unfair to me that before our we take tables on our shifts & after our shifts we have to clean & work for only 2.13 and hour. I was wondering if you are in a restaurant & you do not make any tips for a 2 hour period if the restaurant must pay minimum wage for those 2 hours of work, or if they are allowed to take an average of those tips for the entire night and continue to pay only the 2.13 for those 2 hours without tips.

3. Caitlin Says:
   August 10th, 2008 at 11:11 am

   Hi Jenn! This is an interesting issue, and many food servers would agree with you. Under federal law, employers are permitted to average the tips over the evening and even over the payroll week. So as long as the servers average $4.42 per hour or more in tips for the total hours worked, the employer does not have to pay them minimum wage.

   Having said that, under federal regulations, servers can be required to do side work that is related to food service. Usually they must be paid at a higher rate for completing other tasks. So, for example, servers can be expected to fill salt & pepper shakers or wipe down tables and chairs. But if they are expected to scrub the floor, they should be paid the minimum wage for that time.

4. Michael c. W Says:
   September 29th, 2008 at 10:19 pm

   I have a quick question. I work for a pretty big company in Georgia and I make $12.80 an hour. But I’m working a different job than what I’m getting paid for, which is supposed to pay $14.82 an hour. Is there a law of some sort to get the money that I work for or not. I heard if you work 4 or more hours doing a job that isn’t your pay you are supposed to get the hourly rate of what job you are looking for. Is this correct?

5. Caitlin Says:
   September 30th, 2008 at 8:27 am

   Hi Michael! Unfortunately, no, there is no Georgia or federal law that covers this situation. Suppose Mark is hired as a warehouse worker at $12.80 per hour. One day the forklift driver calls in sick, and Mark fills in all day. Normally forklift drivers earn $14.82 per hour. There is no law that the company has to pay Mark the higher rate for the day, or for any portion of the day.

   Many companies would pay Mark the higher rate, but that is strictly a matter of company policy. Other companies expect employees to pitch in and do whatever it takes to get the job done, espeically in a tough economy.

   Many employees in Mark’s situation would continue to fill in on the forklift occasionally, even at the lower rate of pay. When a full-time forklift position is available, Mark can make a strong case that he is qualified for the job and deserves it.

   If Mark is driving the forklift all day, every day, for a few weeks, then he should go to his supervisor and point out the inequality in pay. At that point, the supervisor might increase Mark’s rate of pay…or he might hire a new forklift driver, at $12.80 per hour.

   There are a couple of exceptions here. If other employees are being paid the higher rate when they occasionally drive the forklift, and Mark is not, that may be discrimination based on race, color, religion, sex, age (over 40), etc. If Mark is working under a union contract, some agreements would require that he not drive the forklift, or that he be paid the forklift drivers rate. HTH, and thanks for reading the blogs!~ Caitlin

6. Laney Says:
   December 10th, 2008 at 11:54 pm

   Hi! I am interested in where the law actually outlines servers being paid minimum wage for having to do tasks such as cleaning the floor if you could post that. Thanks!

7. Caitlin Says:
   December 11th, 2008 at 8:03 am

   Hi Laney! Under the federal FLSA or Fair Labor Standards Act, a tipped employee who spends more than 20% of his or her time doing maintenance or general cleaning jobs, must be paid the minimum wage. In addition, if a tipped employee does two jobs — such as cook and waitress — she cannot be paid at the lower tipped wage for both. She must be paid at the higher rate, for the non-tipped wage.
   Read more about this at: http://www.dol.gov/esa/whd/regs/compliance/whdfs15.pdf
   You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for your question!~ Caitlin

8. Jon Says:
   January 14th, 2010 at 1:38 pm

   hi my question is this. I got hired to work for a dinner as a server.I started on thurs and there was suppose to be training until mon when it opened. the date of opening kept getting pushed back until Friday which would be tomorrow. They kept making us come to training and they made it seem mandatory. I looked on the DOL.gov site and they seem to breaking more then one of these. BUT THEY SIAD NO PAY training. To top it off on thurs. they had VIP eat there and I was suppose to serve. Last minute they made me Food Runner and ended up getting 7 bucks for my 10 hour shift.

   Caitlin please help me !

9. Caitlin Says:
   January 14th, 2010 at 5:26 pm

   Hi Jon! Training is time worked under the federal and Georgia minimum wage laws, so you are entitled to payment for that time. File a wage complaint with the Georgia Department of Labor or U.S. DOL. HTH, and thanks for reading the blogs!~ Caitlin

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