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Running a business is hard work, especially if you have to handle everything from marketing and branding to operations management. You’re left with little to no time to learn the intricacies of employee laws and regulations. Maybe you know a thing or two about workers’ compensation and employee discrimination, but how about other aspects of Georgia’s labor laws?
Below, we’ll break down Georgia labor laws so you can run your business confidently, without the risk of getting in trouble with the authorities.
Meals and Breaks in Georgia
No law compels employers in Georgia to provide meals or breaks for their employees. However, most employers still provide short breaks (five to 20 minutes) and quick meals for their employees. Breaks are still work hours and thus compensable, but only if they take less than 30 minutes.
It’s also illegal for employers to impose unreasonable bathroom break restrictions on employees. This law only applies to bathroom breaks, not meal and rest breaks. Employers can restrict meal and rest breaks at their discretion. They can also deduct pay for unnecessarily long breaks if they wish.
Leave and Paid Time Off (PTO) in Georgia
Like most states, PTO in Georgia can be accrued or rolled over. Accrued PTOs typically have a 360-hour limit, which translates to 45 days. For rolled-over PTOs, the employer outlines the limit in their PTO policy.
Employer Obligations Regarding Paid and Unpaid Leave
In Georgia law only focuses on unpaid leave. Employees are entitled to 24 calendar days of unpaid leave and 15 days of unpaid leave. However, under the Family and Medical Leave Act (FMLA), employers get not more than 12 weeks of unpaid leave annually. They also qualify for unpaid leave for:
- Jury duty
- Military service
- Voting leave
In Georgia, employers can choose whether to grant their employees paid time off. However, they can create lawfully-recognized leave and PTO policies. These policies outline whether the employee gets compensated for the accrued leave period. As such, any issues on vacation and PTO leaves will be indicated in employment contracts.
Georgia places a massive emphasis on contracts. Breaching of the employment contract by either party could translate to hefty consequences. Despite the flexible laws, most employers still provide leave and PTO but cap the number of accrued days for compensation.
Break or Leave Type in Georgia
Georgia Sick Days
Eligibility: Full-time employees
Duration: 15 days
Georgia Vacation Time
No requirements
Georgia Holiday Leave
Eligibility: State Employers
Duration: Up to 12 days per year (paid)
Georgia Family and Medical Leave
Eligibility: Individuals who work for the state for at least 12 months
Duration: Up to 12 work weeks/year
Georgia Bereavement Leave
No requirements
Georgia Military Leave
Eligibility: State employees
Duration: Up to 5 years
Georgia Firefighter Leave
No requirements
Georgia Voting Leave
Eligibility: All workers
Duration: Two hours
Georgia Jury Duty Leave
Eligibility: All employees
Duration: For the scheduled duration
Overtime Regulations in Georgia
Georgia is like many other states when it comes to overtime regulations – overtime is fixed at 1.5 times the regular hourly wage by federal law. However, unlike other states, Georgia workers may receive overtime pay after exceeding 40 hours worked in a week.
All employees covered by FLSA with an annual salary of $35,568 or more are eligible for overtime. Entitlement for the same, however, depends on the employee’s duties, not their title or salaries.
How the Overtime Rate is Calculated
In Georgia, overtime calculations include bonuses, commissions, and additional compensations like allowances. The formula is pretty simple:
Commission for overtime = Half your hourly wage
To get the standard rate:
- Multiply the total hourly rate by the number of hours on the job
- Add the workweek equivalent of your bonuses and/or commission
- Divide the result by the total number of workweeks
For instance, an employee gets $10 as their hourly wage and $50 in bonuses in a 40-hour workweek. The employee is eligible for an hourly rate of $10 * 40 hours plus $50 for bonuses. Divide by the 40 work hours per week, and you get an hourly rate of $12.25. Half this, and you should get an overtime commission of $6.125. Total overtime compensation thus becomes $16.125.
Are There Any Exceptions to Overtime?
Yes, quite a few employees are exempt from overtime. The Department of Labor raised the earnings exemption criteria for overtime from $455 to $684 per week as of 2020. Employees exempted from overtime include:
- Administrative employees
- Highly-compensated employees
- Learned and creative professionals
- Computer employees
- Employees working outside of sales
Wages and Benefits in Georgia
According to the U.S. Labor Law Center, the minimum wage in Georgia is $5.15 per hour. However, employers governed by the Federal Labor Standard Act (FLSA) must pay a minimum wage of $7.25 per hour. Note that the FLSA only applies to businesses dealing with interstate commercial goods.
Georgia law stipulates different minimum wage requirements for employees earning gratuities (tips). The minimum wage for tipped employees in Georgia (waiters and bartenders) is $2.13.
It’s also worth noting that employers who make less than $40,000 in sales a year are exempted from Georgia’s minimum wage requirements. The same goes for employers with less than five employees. Other exceptions to minimum wage standards are farmers and employers who provide free room and board for their employees.
That said, the law also requires employers in Georgia to pay workers at least twice every month. This means the employees’ monthly salaries are divided into equal payments made after two weeks. Fired employees who quit are still entitled to pay on the next payday. Tips don’t form part of the salary.
Mandatory Employee Benefits in Georgia
Georgia takes employee benefits very seriously, with harsh penalties for non-compliance. The benefits protect the workers’ rights and ensure a conducive work environment. They also shield employees from liabilities in case of work-related injuries and illnesses.
- AT-WILL EMPLOYMENT: Georgia strictly adheres to the “at-will” doctrine. In simple terms, the doctrine stipulates that the employer or employee may choose to terminate the work relationship. Employers have a right to fire employees, and employees have a right to quit.
- WORKPLACE DISCRIMINATION: It’s illegal for employers to discriminate against employees based on race, sex, national origin, disability, and age.
- EQUAL PAY: The law requires employers to pay their employees equally regardless of sex. This applies to males, females, and trans individuals.
- WHISTLEBLOWER PROTECTION: Georgia law also protects workers who report unethical and unlawful activities at work. This means employers cannot fire employees for reporting them to the authorities.
Georgia has also made provisions to ensure employees get the benefits and accommodations they deserve. Here are some of the most common benefits:
Common Benefits in Georgia
Workers Compensation
All business owners with three or more employees must provide workers’ compensation insurance.
Retirement Plans
Georgia provides a comprehensive plan for all full-time eligible employees under the Employees Retirees System (ERS). All eligible employees MUST participate. However, employers have no obligation to create retirement plans for their employees.
Family and Medical Leave
Employers must allow employees to take up to 12 weeks of unpaid leave to care for their sick family members. Employees with seriously ill family members can receive up to 26 weeks of unpaid leave.
Voting Leave
Georgia law upholds every employee’s right to vote by allowing them to take paid time off work to vote.
Military Leave
- Members of the armed forces
- Members of the Department of Defense
- Members of the National Disaster Medical System
- Commissioned Corps of the Public Health Service
Prevailing Wages in Georgia
A prevailing wage is a baseline rate for similar employees working within the same geographical location. Georgia doesn’t have a prevailing wage, but for federally funded construction projects, the Davis-Bacon and other similar acts come into play.
Under Davis-Bacon, contractors and subcontractors (mainly in construction) who receive federal assistance over $2,000 must pay a prevailing wage.
This wage, consisting of the prevailing wage and fringe benefits, shouldn’t be less than the local prevailing wage. The Department of Labor will determine this wage, and all eligible employers must follow suit. Other requirements of the Davis Bacon Act include:
- Employees must pay their workers weekly and maintain records of hours worked, wages, and benefits.
- Employers must submit certified payrolls to the contracting agency to prove compliance.
- Trainees and apprentices may receive lower wages but must first be in a recognized apprenticeship program.
- Workers will receive 1.5 times the prevailing wage for overtime workers.
Since Georgia does not have its own prevailing wage rates, employers may check federal resources like SAM.gov for current prevailing wage rates in the state.
Hiring Practices in Georgia
The hiring practice regulations in Georgia are similar to what you’d find in other states. In summary, the law requires you to:
- Offer equal opportunities
- Be clear on job requirements
- Ensure a fair application process
If you feel you’ve experienced any employment discrimination, you can contact GCEO (Georgia Commission on Equal Opportunity) at 404-656-1736 in Atlanta.
Advertising Job Vacancies
The law requires you to use clear and concise language in your job posting. You should also avoid using any language that may be termed as discriminatory. In your job postings, be sure to include:
- Job title
- Job description
- Qualifications
- Location
- Application deadline
- Basic company information
Background Checks and Criminal Histories
In Georgia, you can conduct background checks for job applicants only after their first interview. You can search federal, state, and county records for criminal history. However, sealed records like juvenile and expunged records are out of bounds.
That said, there are no restrictions on how far the background check can go, except for credit checks. Under the Fair Credit Reporting Act (FCRA), employers can only conduct employee credit checks on their most recent seven years.
Negligent Hiring
You’re legally obligated to hire safe and responsible employees, so the state will hold you liable for knowingly hiring employees that could endanger the public and its property.
Negligent hiring laws are essential in the construction industry, where accidents are rife. As such, employers should exercise reasonable care when hiring. This is as simple as conducting background checks and having a thorough vetting process.
Medical Examinations
Medical examinations ensure job candidates are physically and mentally up to the task. However, employers in Georgia can conduct medical examinations only after hiring the prospects and before the effective date of their employment. This means you can’t ask questions concerning the applicant’s health during the interview or exclude ailing candidates from your job postings.
Any medical exams should be standard for all employees and only check for ailments that could compromise the employees’ working capabilities. Only a qualified medical practitioner can conduct the examination.
Afterward, the medical practitioner will inform you of the patient’s health condition. If the employee appears unable to fulfill their required tasks, the medical professional may suggest possible accommodations for the employee.
Drug Testing
In Georgia, you can conduct employee drug tests at will. Conducting these tests will get you a Drug-Free Certification and a 7.5% discount on your workers’ compensation. However, you can conduct drug tests only on current employees or prospective ones with conditional offers for employment.
Health and Safety Standards in Georgia
Two categories of safety regulations surface when it comes to Georgia safety standards. First is the federal Occupational Safety and Hazard Act (OSHA), covering most workers. The second is Georgia code § 34-2-10, which states:
- Employers are legally obligated to provide safe employment by furnishing employees with safety gear and ensuring a safe working environment.
- Employers must construct, repair, and maintain proper safeguards to ensure the workplace is safe.
Georgia boasts a state-specific employee safety and health policy, the Georgia Onsite Consultation Program (GOCP). The program provides small and medium-sized business owners free safety and hazard consultations so they don’t play the ignorance card when caught flat-footed.
That said, employees have the legal right to report safety violations and unsafe working conditions.
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💡Did You Know?
Child Labor Laws in Georgia
Georgia don’t allow employment of children under 14 in most jobs, save for a few exceptions like farm work, newspaper delivery, and others. Children aged 12 to 16 may also require work permits from their school before getting jobs. The permits require parental approval and are only granted to those with a certain academic standing.
The state also has time restrictions on children’s working hours.
For starters, children aged 14 and 15 can’t go to work before 7 a.m. and no later than 9 p.m. During the school year, they cannot work during school hours or more than three hours on a school day. However, they can work up to eight hours daily and 40 a week during holidays.
Industry-specific child labor regulations in Georgia include:
- AGRICULTURAL WORK: While children aged 16 can take on agricultural work, they cannot work in hazardous situations or work for extended periods.
- ENTERTAINMENT INDUSTRY: Under Georgia law, child actors and models are subject to certain restrictions. These restrictions include a cap on the number of working hours, age, and educational requirements. A responsible guardian must also be on set during work hours.
- HAZARDOUS OCCUPATIONS: Minors are prohibited from working hazardous jobs or in hazardous environments. Georgia restricts employers from hiring children in mines, chemical plants, and other dangerous working sites. However, minors can work in the construction industry but only in non-hazardous jobs like storekeeping.
Employee Termination and Resignation in Georgia
Being an at-will state, Georgia permits employers to fire employees but at-will. However, the “public policy” exceptions override the at-will statute at times. “Public Policy” here means employers can’t fire employees for reasons the public would deem unfair or illegal. These exceptions include:
- Firing to retaliate (Whistleblower Act)
- Firing employees because they took Medical and Family Leave
- Situations where firing the employee is a breach of contract
Similarly, employees can resign whenever they wish for whatever reason, with a few exemptions. For instance, contractual tenures are exempt from the at-will statutes. The party breaching the contract will be held culpable.
That said, there are no legal obligations to give employees notice before their termination. Likewise, employees aren’t required to notify their employers of their resignations in advance. However, most employers and employees give at least two weeks’ notice of their decision as a show of respect.
Under the Fair Labor Standard Act, employers must compensate fired workers for work done before resignation/termination. Employers should make this payment on the next payday. The payment should include regular wages, overtime, bonuses, and commissions.
There are no state-specific laws on when and how you should pay recently fired employees. Employers also have no obligation to pay severance to fired employees, but employees can still get severance under employment contracts, company policies, and collective bargaining agreements.
Unemployment Benefits in Georgia
Unemployment benefits ease the frustration of being out of the job. Georgia, through the Georgia Department of Labor (GDOL), offers these benefits to qualified employees. To be eligible for unemployment benefits in Georgia, you must:
- Be partially or fully unemployed through no fault of your own
- Have earned sufficiently in your tenure period
- Be able to work and prove you’re actively seeking a new job
- Register with the GDOL’s job search website
Employees must file an unemployment benefits claim to receive compensation for their unemployment status. Here’s a quick step-by-step guide for doing just that:
- Gather the necessary documents, including your identification information, employment history, and bank account information, among others.
- File your claim online by visiting the GDOL website here.
- Once inside, create your personal account and follow the screen prompts to complete your application.
- Next, you’ll provide your work search information to prove your job search efforts.
- Finally, review your applications and wait for approval.
Alternatively, call 1-877-709-8185 and tell the virtual agent you want to file an unemployment benefits claim. The agent will give you instructions on filing the claim and more information about your eligibility.
Employer Responsibilities for Unemployment in Georgia
Employers play background roles in the unemployment process, but important ones nonetheless. Some common duties for employers in filing unemployment benefits include record keeping, providing wage information, and responding to notices.
The mentioned responsibilities are just the tip of the iceberg. You can learn more about other responsibilities by visiting the GDOL website here. Click here to view some employer FAQs about unemployment benefits and insurance.
Penalties for Noncompliance in Georgia
Failing to comply with Georgia labor laws is asking for unnecessary trouble. Fines and civil lawsuits could easily run a business to the ground.
The severity of these penalties depends on the act violated. The violations can be criminal or civil, although the former is rare. Unsurprisingly, criminal violations have greater consequences like fines and imprisonment. Civil lawsuits have less severe consequences like compensating the affected employees.
Other Essential Information About Labor Laws in Georgia
Here are a few other details you need to know about labor laws in Georgia:
- According to federal law, employers are not obliged to pay for any time not worked
- Employers must give lactating mothers enough time to express milk at work.
- Georgia offers its workers an alternative work schedule known as the Fluctuating Work Method (FWW). Under this schedule, employees are eligible for an overtime premium of 0.5 times their normal hourly rate.
- Under COBRA laws, employers can continue their health benefits for up to four months after their employment ends.
Resources and Further Reading on Georgia Labor Laws
If you wish to learn more about Georgia Labor Laws, here are some resources and government links that you can use:
The Bottom Line on Georgia Labor Laws
The Georgia labor laws are instrumental in maintaining a healthy relationship between employers and employees. They’re generally meant to help protect workers from discrimination, ensure fair compensation, and keep the working environment safe.
Unlike many states across the U.S., Georgia’s employment laws are less stringent, but this doesn’t mean employers can get away with employment injustices. As an employer, it’s your duty to keep yourself updated on all the labor laws to create a good working environment for your employees. Employees should also keep themselves updated so they know when their rights are being violated, enabling them to take the right legal action.
For many businesses, the only real solution to compliance challenges is great software. The right business-management software tends to come with built-in compliance and recordkeeping rules, regardless of your industry, how many employees you have, what they do, or how widely they’re dispersed across the state (or country).
If you operate a construction or field services company, we humbly suggest trying Workyard for your compliance needs.
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