As the modern workforce evolves, so do the legal requirements that govern your relationship with employees. Business owners who stay informed about the latest labor laws are able to prevent legal disputes and demonstrate a high level of care for their staff.
In this article, we’re highlighting the full scope of Georgia labor laws — from wage requirements to workplace safety regulations—and how Mosey can help with corporate compliance.
What Are the Minimum Wage Requirements in Georgia?
Georgia’s minimum wage laws establish the baseline compensation employers must provide their employees. If companies fail to meet these standards, they may be subject to penalties and fines.
State vs. Federal Minimum Wage
Some states have higher minimum wage standards, but Georgia does not. That means employers must pay at least the federal minimum wage ($7.25 per hour), unless a higher rate is mandated by a local ordinance.
If Georgia were to set a higher standard in the future, employers would be required to adjust and adhere to that new minimum. Employers should also regularly review both federal and local wage laws to ensure they remain compliant, as regulations are always changing.
Exceptions and Special Cases
Some employees are exempt from the standard minimum wage requirement. For example, tipped employees, like waiters or waitresses, may receive a lower base wage, provided their total earnings (including tips) meet or exceed the federal minimum.
Additionally, workers under 20 years old are subject to a lower minimum wage for their initial 90 consecutive calendar days of employment. This juvenile wage provision allows employers to hire minors at reduced rates while ensuring their earnings still reach a minimum threshold.
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How Does Georgia Handle Overtime Pay?
Overtime regulations in Georgia are designed to protect employees from being assigned excessive work hours without appropriate compensation.
Eligibility for Overtime
Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime pay. This applies to employees who work more than 40 hours a week. Non-exempt employees typically include hourly workers.
Exempt employees—usually those in executive, administrative, or professional roles — are not eligible for overtime pay. Proper classification of employees helps determine their eligibility and avoid misclassification penalties.
Calculating Overtime Pay
Overtime pay in Georgia is calculated at one and a half times the employee’s regular rate of pay. For example, if employees earn $10 per hour, their overtime rate would be $15 per hour worked over the standard 40.
Employers must carefully track and record hours to ensure overtime compensation is properly disbursed. Errors in overtime payouts can lead to legal disputes from employees and penalties from the state government.
What Are the Rules for Employee Classification in Georgia?
Properly classifying employees ensures that workers receive the benefits and protections they’re entitled to. If employees are not classified correctly, they may not be appropriately compensated.
Employees vs. Independent Contractors
Georgia law distinguishes between employees and independent contractors based on the degree of control exercised by the employer.
Employees typically work under the employer’s direction, following set schedules and guidelines. Independent contractors operate on their own, providing services on a freelance or contract basis and maintaining control over how their work is performed.
Misclassifying employees as independent contractors can subject employers to back pay and other fines, so it’s important they be mindful of every detail.
Exempt vs. Non-Exempt Status
Exempt employees are not eligible for overtime pay, while non-exempt employees are. Factors like job duties, salary, and industry standards are considered in this classification. For example, executive roles with supervisory responsibilities may qualify for exemption.
Administrative roles that do not meet specific criteria, on the other hand, remain non-exempt. Employers should regularly review employee classifications to ensure they align with current laws and regulations.
What Are the Leave Guidelines Under Georgia Law?
Georgia provides specific guidelines regarding various types of leave. Federal laws primarily govern employee leave provisions in Georgia, as the state does not have many of its own leave legislation beyond the federal standards.
Family and Medical Leave Act (FMLA)
Georgia employers must adhere to the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period. This leave can be utilized for various reasons, including:
- Birth and care of a newborn child
- Adoption or foster care placement
- Serious health condition (their own or an immediate family member’s)
- Military Family Leave
To be eligible, an employee must work for a covered employer, have worked at least 1,250 hours during the 12 months preceding the leave, and work at a location where the employer has at least 50 employees within a 75-mile radius.
Paid Sick Leave
While Georgia state law does not require private employers to provide paid sick leave, cities within the state may have their own ordinances.
These ordinances typically specify the following:
- Accrual Rates: This is how sick leave is accumulated over time.
- Usage Guidelines: These are the conditions under which sick leave can be used, such as personal illness or to care for a family member.
- Carryover Provisions: These clarify whether unused sick leave can be used the following year.
Employers in Georgia should be aware of and comply with any local sick leave ordinances that are applicable to their business locations.
Other Types of Leave
Apart from FMLA and sick leave, Georgia employers may offer other types of leave as part of their employee benefits package.
These offerings can include:
- Vacation time
- Personal days
- Bereavement leave
- Jury duty leave
While these types of leave are not mandated by Georgia state law, offering them can increase employee satisfaction and make them feel more valued. Regardless, employers should clearly communicate their leave policies and make them easily accessible for reference.
Which Safety Regulations Must Georgia Employers Follow?
Workplace safety is a top responsibility for Georgia employers. The safety regulations that you must follow include the Occupational Safety and Health Administration (OSHA) and state-specific requirements.
Occupational Safety and Health Administration (OSHA)
Employers in Georgia must comply with OSHA standards. Key aspects of OSHA compliance include:
- Hazard Communication: Employers must inform employees about the hazards associated with chemicals in the workplace through proper labeling, safety data sheets (SDS), and employee training.
- Personal Protective Equipment (PPE): Providing PPE, like gloves, helmets, and eye protection, is a requirement when employees are exposed to workplace hazards.
- Recordkeeping and Reporting: Employers must maintain accurate records of workplace injuries and illnesses and report severe incidents, like fatalities or hospitalizations, to OSHA.
- Workplace Inspections: Employers should regularly inspect their workplace to identify and address potential hazards promptly.
Compliance with OSHA standards involves proactive measures, including regular training sessions, safety audits, and the implementation of safety protocols tailored to the risks of your particular workplace.
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Workers’ Compensation Requirements
Georgia employers must provide workers’ compensation insurance. This system offers medical benefits and wage replacement for employees who suffer a work injury or illness. Workers’ compensation also provides death benefits to dependents of employees who pass away while performing work duties.
Most private employers in Georgia are required to carry workers’ compensation insurance, regardless of the number of employees. That said, small businesses with fewer than five employees may be exempt if they meet certain criteria.
Employers must report workplace injuries to their workers’ compensation provider, and employees must file a claim within a certain timeframe to be eligible for benefits. Employers are also encouraged to facilitate the return of injured employees as part of their recovery process — this is known as a return to work program (RTW).
High-Risk Industry Regulations
Specific industries in Georgia may be subject to additional safety regulations due to the risk associated with their operations. The construction industry, for instance, is subject to strict standards regarding scaffolding, fall protection, machinery operation, and exposure to hazardous materials.
Employers in the healthcare sector must also ensure compliance with regulations related to infection control, handling hazardous substances, and patient safety protocols. Meanwhile, business owners in manufacturing must adhere to machine guarding, ventilation, noise exposure, and chemical safety standards.
The examples above are not exhaustive. Employers in these and other high-risk industries should familiarize themselves with sector-specific regulations and implement safety programs to remain compliant and protect their workforce.
How Is Discrimination and Harassment Addressed in Georgia?
Creating an inclusive and respectful workplace is an ethical and legal requirement. Georgia adheres to federal anti-discrimination laws, which protect employees from discrimination based on race, color, religion, sex, national origin, age, disability, and genetics.
Georgia law also prohibits harassment in the workplace, including sexual harassment. Employers should establish clear procedures for reporting and addressing harassment complaints, ensuring all reports are taken seriously and investigated thoroughly.
Finally, employees who report violations of labor laws—like wage disputes or safety hazards—are protected from retaliation in Georgia. Employers are prohibited from firing, demoting, or disciplining employees for exercising their legal rights.
Is Georgia a Right-To-Work State?
Georgia is a right-to-work state, meaning employees cannot be required to join or pay dues to a labor union as a condition of employment. This gives workers the freedom to decide whether they want to participate in union activities without fear of losing their jobs.
To comply, employers in Georgia must ensure their employment policies do not mandate union membership or impose financial obligations tied to union participation. Businesses should also respect employees’ rights to engage in union activities if they choose.
Build a Georgia Employee Handbook With Mosey
Understanding Georgia labor laws can be complicated, but you don’t have to do it alone. Mosey offers everything you need to maintain compliance in one seamless software, including the ability to build a Georgia employee handbook.
Our Employee Handbooks tool makes it easy to create, update, and automate handbooks for all 50 states, keeping workers informed and companies compliant. Schedule a demo with Mosey today to learn how else we can streamline compliance.
