Georgia Labor Law Guide
Minimum Wage
$5.15
Overtime Wage
$1.5x Regular Wages
Meal Breaks
Not mandated
Rest Breaks
Paid if 20 minutes or less
Minimum wage in Georgia is $5.15 per hour. Since it’s lower than the current federal minimum wage of $7.25 per hour, most employers need to pay the federal minim wage in Georgia.
Minimum wage is same across the entire state of Georgia.
Georgia does not have its own overtime rules. Employers in the state have to follow the federal FLSA for overtime payments to workers.
Non-exempt employees in Georgia get overtime pay for the hours worked beyond 40 hours in a week. The overtime pay is calculated at 1.5 times the regular hourly pay.
Employers in Georgia may implement alternative workweek schedules, such as compressed workweeks, but they must ensure that employees receive the appropriate overtime pay for hours worked beyond 40 in a workweek.
Georgia does not have specific state laws that mandate meal and rest breaks for adult employees. Therefore, the regulation of meal and rest breaks in Georgia is generally governed by federal law, specifically the Fair Labor Standards Act (FLSA). However, the FLSA does not require employers to provide meal or rest breaks.
If employee is completely relieved of duties during the meal break, then the employer doesn’t need to pay for it. Otherwise, employees are entitled to pay during the meal break.
The FLSA does not require employers to give rest breaks (less than 20 minutes) to adult employees. But if employers choose to give short rest breaks, they must pay the employees for the break time.
Employers in Georgia also have to follow all collective bargaining agreements, employment contracts, or industry-specific regulations that may require breaks.
Employers with young employees must follow the federal child labor laws which require breaks for young workers.
Georgia does not have specific state laws mandating paid leave for private-sector employees. Therefore, paid leave policies, such as vacation, sick leave, and paid time off, are generally determined by employers based on company policies and employment contracts.
However, there are federal laws that still apply to employers in Georgia.
Paid Time Off Policies: Georgia does not have laws requiring employers to provide paid vacation, paid sick leave, or paid time off. Still, most Georgia employers offer paid vacation as part of their benefits package. It may include vacation days, personal days, and sick days, and employers usually have policies outlining accrual rates and usage.
Collective Bargaining Agreements: For employees covered by collective bargaining agreements, the terms related to paid leave and time off may be outlined in the agreement.
- Federal Family and Medical Leave Act (FMLA): This federal law gives eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family or medical reasons. FMLA provides job protection, meaning that eligible employees who take FMLA leave have the right to return to their position or an equivalent one with the same pay and benefits.
The classification of employees as exempt or non-exempt in the state of Georgia is based on the federal Fair Labor Standards Act (FLSA) as the state does not have its own classification rules.
Exempt Employees:
- Salary Basis Test: Exempt employees are typically paid on a salary basis, meaning they receive a fixed salary that is not subject to reduction based on the quality or quantity of work performed.
- Salary Level Test: Exempt employees must earn a minimum salary to qualify for exemption. The minimum salary for exemption is $684 per week.
- Duties Test: Exempt employees must perform specific job duties that fall into one of the FLSA’s exempt categories, such as executive, administrative, professional, or certain computer-related duties.
Non-Exempt Employees:
- Hourly Pay: Non-exempt employees are typically paid on an hourly basis and are entitled to overtime pay for hours worked beyond 40 hours in a workweek.
- Overtime Pay: Overtime pay for non-exempt employees is generally calculated at 1.5 times their regular rate of pay for each hour worked beyond 40 hours in a workweek.
- Recordkeeping: Employers must keep accurate records of non-exempt employees’ hours worked, wages paid, and other related information. Use HiveDesk time tracking software to keep an accurate record of employees work hours.
The state of Georgia does not have its own law regarding equal pay. It follows the federal Equal Pay Act (EPA) that prohibits wage discrimination based on gender. The goal of EPA is to ensure that employees performing substantially similar work receive equal pay, regardless of their gender.
- Equitable Work: Under the EPA, employees are entitled to equal pay for equal work, which includes equal wages for jobs that require equal skill, effort, responsibility, and are performed under similar working conditions.
- Employers may only pay different wages for substantially similar work if the differential is based on a bona fide factor other than gender. Acceptable factors may include education, training, experience, or other job-related factors.
- In addition to the EPA, employers in Georgia must also adhere to Title VII of the Civil Rights Act of 1964 that prohibits discrimination based on race, color, religion, and national origin.
Hiring and firing employees in the state of Georgia are subject to both federal and state laws. It’s essential for employers to be aware of and comply with these regulations.
- At-Will Employment: Georgia follows the principle of at-will employment, which means that, absent a contract stating otherwise, employment relationships can be terminated by either the employer or the employee at any time, with or without cause, and with or without notice.
- Anti-Discrimination Laws: Employers in Georgia must comply with federal anti-discrimination laws such as the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). Georgia also has state anti-discrimination laws that employers must follow.
- Equal Employment Opportunity (EEO): Employers should provide equal employment opportunities to all individuals regardless of race, color, religion, sex, national origin, disability, or age.
- Background Checks: Employers may conduct background checks on job applicants, but they must comply with the Fair Credit Reporting Act (FCRA) and state laws regarding the use of criminal records in employment decisions. Georgia law generally does not restrict private employers from drug testing applicants as a condition of employment. However, employers should be familiar with the state’s laws on drug testing.
- Work Eligibility Verification: Employers must verify the work eligibility of employees through the Form I-9 process in compliance with federal immigration laws.
- Final Paychecks: Employers are generally required to provide employees with their final paychecks promptly upon termination.
- Unemployment Compensation: Terminated employees may be eligible for unemployment compensation in Georgia. Employers are required to provide accurate information to the Georgia Department of Labor if a former employee files for unemployment benefits.
- WARN Act: The federal Worker Adjustment and Retraining Notification (WARN) Act may apply to employers with 100 or more employees, requiring them to provide advance notice of plant closings or mass layoffs.
It is important for employers to remain well-informed about changes in employment laws and to seek guidance from legal professionals to ensure compliance with the latest regulations. It’s advisable to establish clear and meticulously documented employment policies and procedures to aid employers in complying with the labor laws.
