HB 1331: Georgia Minimum Wage Law; minimum wage pay to workers whose compensation consists wholly or partially of gratuities; provide

Georgia's minimum wage law is found in Chapter 4 of Title 34 of the Official Code of Georgia Annotated. Within that law, Code Section 34-4-3 sets out the amount of minimum wage employers must pay and which employers and employees the chapter covers. This bill targets one specific part of that section, paragraph (5) of subsection (b), which deals with minimum wage for workers whose pay consists wholly or partially of gratuities (tips). The bill repeals that paragraph and reserves its place in the code, meaning the paragraph number stays but its text is removed. The bill's title states its purpose is to provide for minimum wage pay to tipped workers, but the operative section only repeals existing language rather than adding new replacement language. The bill also repeals any other state laws that conflict with it.

• Repeals paragraph (5) of subsection (b) of Code Section 34-4-3, the part of the Georgia Minimum Wage Law addressing pay for tipped workers.
• Reserves the paragraph number in the code rather than deleting it outright, a common drafting technique that leaves a placeholder for the repealed text.
• Repeals any other state laws or parts of laws that conflict with the bill's changes.
• States a stated purpose of providing for minimum wage pay to workers whose compensation consists wholly or partially of gratuities, though the bill's operative text only removes existing language.

Workers in Georgia whose pay comes wholly or partly from tips, such as restaurant servers and bartenders, along with the employers who pay them, since the bill changes a provision of the state minimum wage law that specifically addresses tipped compensation.

Because the bill removes existing language governing minimum wage pay for tipped workers without the text shown here specifying replacement rules, the practical effect on how much tipped employees must be paid depends on details not included in this excerpt of the bill.

• Section 1 amends Chapter 4 of Title 34 of the Official Code of Georgia Annotated by repealing and reserving paragraph (5) of subsection (b) of Code Section 34-4-3.
• That paragraph relates to the amount of minimum wage to be paid by employers and which employers and employees are covered by the chapter.
• Section 2 repeals all laws and parts of laws that conflict with the bill.

1. 2026-02-19House Second Readers (Cámara de Representantes)
2. 2026-02-18House First Readers (Cámara de Representantes)
3. 2026-02-17House Hopper (Cámara de Representantes)

• Spencer Frye (D, HD-122)Patrocinador principal
• Ruwa Romman (D, HD-097)
• Bryce Berry (D, HD-056)
• Gabriel Sanchez (D, HD-042)
• Eric Bell (D, HD-075)
• Dewey McClain (D, HD-109)

• minimum wage
• tipped workers
• restaurant workers
• labor law