The Georgia employment law guide
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Wages and breaks
The current minimum wage in Georgia is actually $5.15, but the law does not apply to employers who are subject to the federal Fair Labor Standards Act.
Georgia does not have any laws regarding paying employees a lesser rate than the standard minimum wage, but most employers are exempt from the state’s minimum wage because they are required to comply with the FLSA.
The FLSA requires employers to pay tipped employees a minimum wage of $2.13.
Georgia does not have any state laws governing overtime. However, the Fair Labor Standards Act always applies and requires that non-exempt employees be paid 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
The federal overtime rule stipulates that the minimum salary requirement for administrative, professional, and executive exemptions is $684 per week, or $35,568 per year. Workers making at least this salary level may be eligible for overtime based on their job duties.
Georgia does not have any laws regarding meal breaks.
There are no federal or state laws regarding rest breaks.
Final paychecks in Georgia
Georgia law does not specify when an employer must issue a final paycheck to an employee who has been terminated, suspended, or has voluntarily resigned.
However, employers are required to provide Form DOL-800 (Separation Notice) to the employee on their last day of work, or mail the form within three days of separation. This requirement applies regardless of the reason for separation.
Georgia child labor laws
The minimum working age in the state of Georgia is 12 for employers not subject to the federal Fair Labor Standards Act (FLSA). For employers covered by the FLSA, the federal minimum working age of 14 generally applies.
Minors 14 and 15 Years of Age
Under Georgia state law, minors 14 and 15 years of age may work up to four hours on a school day, eight hours on a non-school day, and up to 48 hours in a non-school week. During school weeks, the combined total of school and work hours may not exceed eight hours per day.
However, for employers covered by the FLSA, minors 14 and 15 may work no more than three hours on a school day and are subject to federal weekly hour limitations.
Shifts must fall between 6 a.m. and 9 p.m.
Minors may not work more than four continuous hours without being provided a 30-minute uninterrupted break.
Minors 16 and 17 Years of Age
Minors 16 and 17 years of age are not subject to state hour restrictions, but they may not work in hazardous occupations prohibited under state or federal law.
Work Permits
Child employment certificates are required for minors aged 14 and 15. As of July 1, 2015, work permits are no longer required for minors aged 16 and older, except for minors employed in the entertainment industry.
Hazardous Occupations
Minors of all ages may not work in hazardous environments or occupations that could cause harm, as defined under state and federal law.
Leave Requirements
Georgia Sick days
Employers are not required to provide paid or unpaid sick leave to hired employees unless they have established their own policy or contract.
Georgia Family and medical leave
Georgia has no laws regarding family or medical leave, but employers may be required to provide employees unpaid leave in accordance with the federal Family and Medical Leave Act.
Georgia bereavement leave
Employers are not required to provide paid or unpaid bereavement leave.
Georgia Vacation Time
Employers are not required to provide paid or unpaid vacation leave, unless they have established their own policy or contract.
Employers may establish a policy that denies employees payment for accrued vacation upon separation from employment.
Georgia Holiday leave
Employers are not required to provide paid or unpaid holiday leave.
Georgia jury duty leave
It is illegal for an employer to penalize or discharge an employee for taking time off to respond to a jury duty summons, but they are not required to provide paid leave.
Georgia Voting time
Employers are required to provide up to two hours of unpaid leave for employees to vote in person on Election Day or during early voting.
As of July 1, 2023, employees may take voting leave regardless of whether the polls are open before or after their work shift. Employees must provide reasonable notice before taking leave.
Georgia Military leave
Employers in Georgia may not discriminate against an employee for taking leave to serve in the uniformed services, including by reducing vacation or other employment benefits. Employees are entitled to reinstatement following qualifying military service.
Under federal law, the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees who take leave for military service and applies to all employers in the United States.
In addition to USERRA protections, Georgia law provides unlimited unpaid leave for employees engaged in active military service. State law also requires employers to provide up to six months of unpaid leave within any four-year period for military service school or annual training.
To preserve reemployment rights, an employee must apply for reinstatement within 90 days of discharge from active service, or within 10 days after completing military training or service school.
Hiring and firing
Georgia anti-discrimination laws
Federal law makes it illegal for an employer to discriminate on the basis of: Race, Color, Age, Sex, Sexual orientation, Gender, Gender identity, Religion, National origin, Pregnancy, Genetic information, including family medical history, Physical or mental disability, Child or spousal support withholding, Military or veteran status, Citizenship and/or immigration status.
Additionally, Georgia law makes it illegal to discriminate based on discharged or sealed criminal records.
The Georgia Equal Pay Act also requires employers to pay employees of the opposite sex equal wages for equal work.
Georgia Termination laws
Georgia is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action.
Georgia Record-keeping laws
Regarding employment and payroll data, under the Fair Labor Standards Act (FLSA) and others, you must:
For at least 3 years: keep payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, and sales and purchase records. Also keep completed copies of each employee’s I-9 for three years after they are hired. If the employee works longer than three years, hold on to the form for at least one year after the employee leaves.
For at least 2 years: Keep basic employment and earning records like timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages. Also keep the records that show why you may pay different wages to employees of different sexes, such as wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements.
For at least 1 year: The Equal Employment Opportunity Commission says employers should keep all employment records for at least one year from the employee’s date of termination.
Other record-keeping laws that may apply to you:
Under the Occupational Safety and Health Act, you need to keep records of job-related injuries and illnesses for five years. But some records, like those covering toxic substance exposure, have to be kept for 30 years.
You must keep files of benefit plans and seniority and merit systems while they are in effect and for at least a year after they end. You must also retain summary descriptions and annual reports of benefits plans for six years.
If your company is covered by the Family and Medical Leave Act, you must also retain relevant records of leaves, notices, policies, and more for three years.
Additional laws that may apply to you
Georgia Drug and alcohol testing laws
Employers in Georgia may test applicants for drugs or alcohol. If their drug testing program meets specific requirements, they may be eligible for a discount under their workers’ compensation insurance policy.
Georgia COBRA laws
COBRA is a federal law that allows many employees to continue their health benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.”
Georgia’s mini-COBRA allows eligible employees to continue their coverage for up to four months (the balance of the policy-month remaining at termination of benefits, plus three more months) if they were continuously covered for the six months prior to plan termination and have a total of at least 18 months of creditable coverage.
Georgia Whistleblower Protection laws
Public employers may not retaliate against employees for reporting fraud, waste, or abuse. Georgia does not explicitly allow or prohibit private-sector employers from retaliating against their employees for reporting violations of the law.
Georgia Background check laws
Georgia requires that employers conduct background checks on law enforcement personnel, nursing home personnel, healthcare personnel, security guards, public school personnel, mortgage industry personnel who may enter, delete, or verify any information on any mortgage loan application form or document.
As of January 1, 2021, rehabilitated people with a criminal background are allowed to petition the court to restrict and seal certain criminal records.
Compliance Calendar
Get our Compliance Calendar to stay on top of deadlines throughout the year: View it on your computer. Click + Google Calendar in the lower right to add it to your Google Calendar and subscribe to all updates. You can also download a calendar (.ics) file that you can import into iCal or Outlook, or download a PDF to your computer.
COVID-19 Resources
View the resources available to Georgia business owners and workers impacted by the coronavirus outbreak in our state-by-state COVID-19 Resource Center.
Remember
This summary is not qualified legal advice. Laws are always subject to change, and they can vary from municipality to municipality. It’s up to you to make sure you’re compliant with all laws and statutes in your area. If you need more compliance help, we recommend consulting with a qualified lawyer, checking with your local government agencies, or signing up for Homebase to get help from our certified HR Pros.