Article
5 min read
Understanding Georgia Employment and Labor Laws
Legal & compliance
PEO
Author
Jemima Owen-Jones
Published
August 21, 2024
Last Update
August 21, 2024
Table of Contents
Federal vs. state law differences
Employment vs. labor law: What’s the difference?
Wages and hours in Georgia
Leaves of absence in Georgia
Workplace safety in Georgia
Discrimination and harassment laws in Georgia
Unions in Georgia
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Key takeaways
- Georgia's state minimum wage is $5.15 per hour, but the federal minimum wage of $7.25 usually applies.
- Georgia follows federal overtime rules but does not require meal or rest breaks for adults.
- Georgia protects employees on jury duty from penalties and adheres to federal FMLA standards without additional state-mandated leave.
In the United States, labor and employment laws create the foundation for fair and equitable workplaces. These laws define the rights and responsibilities of employers, employees, and labor unions, covering aspects such as wages, working conditions, health and safety, and termination.
Given that these laws can vary significantly by state, it is essential for both employers and employees to be familiar with their local regulations. This article will explore the key employment and labor laws specific to Georgia.
Federal vs. state law differences
In many instances, Georgia’s employment laws align with federal regulations, but there are cases where state laws may set different standards. For example, while the federal minimum wage is $7.25 per hour, Georgia's state minimum wage is set at $5.15 per hour. However, most employees are covered under the federal rate due to its higher value.
Employment vs. labor law: What’s the difference?
Employment laws typically deal with the rights and obligations of employees in the workplace, covering issues such as hiring, termination, and workplace conditions. Labor laws focus more on the relationship between employers and unions, including collective bargaining and workers' rights to organize.
Wages and hours in Georgia
Georgia’s wage and hour laws incorporate both state-specific and federal requirements.
Minimum wage in Georgia
As mentioned, the state minimum wage is $5.15 per hour, but the federal minimum wage of $7.25 per hour usually applies.
Overtime pay in Georgia
Georgia follows the federal standard, requiring overtime pay of one and a half times the regular rate for hours worked beyond 40 in a workweek.
Pay transparency in Georgia
There are no specific state laws regarding pay transparency, so federal guidelines should be followed.
Breaks and rest periods in Georgia
State law does not require employers to provide a meal or breaks to employees, but minors under 16 must receive a 30-minute break after four hours of continuous work.
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Leaves of absence in Georgia
Georgia does not have state-specific laws for pregnancy disability leave or paid sick leave, so federal standards apply. Employees are eligible for unpaid leave under the Family and Medical Leave Act (FMLA).
Pregnancy disability leave in Georgia
Georgia does not have specific state laws for pregnancy disability leave. Eligible employees are covered under the federal Family and Medical Leave Act (FMLA), which allows up to 12 weeks of unpaid leave for conditions including pregnancy and childbirth. Employers must maintain health benefits during this period and reinstate the employee to the same or an equivalent position afterward.
Paid sick leave in Georgia
There is no state-mandated paid sick leave in Georgia. The provision of paid sick leave is at the employer's discretion. Employees should refer to their company's policies for specific details.
Jury duty in Georgia
Georgia law requires employers to provide unpaid time off for jury duty without penalizing the employee. While employers are not required to pay wages during jury service, they cannot dismiss or demote employees for fulfilling their jury duty. Jurors receive a nominal daily stipend from the state for expenses.
Workplace safety in Georgia
The Georgia Department of Public Health monitors workplace safety, focusing on occupational health surveillance and injury prevention.
Discrimination and harassment laws in Georgia
Georgia adheres to federal laws like the Civil Rights Act and the Americans with Disabilities Act, which prohibit discrimination and harassment in the workplace.
Unions in Georgia
Georgia is a "right-to-work" state, meaning that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union.
FAQs
How does the minimum wage in Georgia apply if it's lower than the federal rate?
In Georgia, the state minimum wage is $5.15 per hour, but most employees are covered by the federal minimum wage of $7.25 per hour due to its higher rate. Employers are required to pay the higher federal rate to ensure compliance with the law.
When are employees eligible for overtime in Georgia and how is it calculated?
Employees in Georgia are eligible for overtime when they work more than 40 hours in a workweek. Overtime is calculated at 1.5 times the employee's regular pay rate for each hour worked beyond the standard 40 hours.
What should employees in Georgia know about their rights to discuss wages?
While Georgia does not have specific state laws regarding pay transparency, federal laws protect the rights of employees to discuss wages and salaries freely without fear of retaliation from their employer.
Are employers required to provide meal or rest breaks in Georgia?
Georgia law does not require employers to provide meal or rest breaks for workers aged 18 and over. However, employers must provide a 30-minute break for minors under the age of 18 after five consecutive hours of work.
What types of leave are available to employees in Georgia beyond federal FMLA?
Beyond the federal FMLA, Georgia does not mandate additional leave types. Employees are entitled to the federal provisions, which include unpaid leave for medical reasons, family care, and childbirth among others.
How does pregnancy disability leave work under Georgia law?
Under Georgia law, pregnancy disability leave is governed by the FMLA, allowing eligible employees up to 12 weeks of unpaid leave for pregnancy, childbirth, and any related medical conditions.
What are the requirements for employers regarding paid sick leave in Georgia?
Georgia does not have a state mandate requiring employers to provide paid sick leave. Employers may choose to offer paid sick leave as part of their benefits package, but it is not legally required.
What protections do employees have when taking jury duty leave in Georgia?
Employees in Georgia are entitled to unpaid leave for jury duty and are protected under state law from being fired or penalized for fulfilling their civic duty.
What should employers do to ensure workplace safety according to Georgia laws?
Employers in Georgia must follow OSHA guidelines to ensure a safe working environment. This includes identifying and mitigating hazards, providing necessary safety training, and complying with all relevant safety regulations.
How does Georgia law protect employees from discrimination and harassment?
Georgia employers must adhere to federal anti-discrimination laws, including Title VII of the Civil Rights Act, which protects employees from discrimination based on protected characteristics such as race, sex, religion, and national origin.
What rights do employees have regarding union membership in Georgia?
As a right-to-work state, Georgia law stipulates that employees cannot be required to join or avoid joining a union, or to pay dues to a labor union as a condition of employment.
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About the author
Jemima is a nomadic writer, journalist, and digital marketer with a decade of experience crafting compelling B2B content for a global audience. She is a strong advocate for equal opportunities and is dedicated to shaping the future of work. At Deel, she specializes in thought-leadership content covering global mobility, cross-border compliance, and workplace culture topics.