Georgia Labor and Employment Law

Georgia labor law lawsuits allege violations of Georgia state labor laws including minimum wage and overtime pay violations. The rights of employees in Georgia are protected by laws including the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA) and the Occupational Safety and Health Act (OSHA). Possible violations of Georgia employment labor law can result in lawsuits being filed against the employer.

Georgia Minimum Wage and Overtime

Since October 1, 2009, the Georgia minimum wage is $5.15 per hour. Because this is less than federal law, many employees in Georgia are entitled to the FLSA minimum wage of $7.25 an hour.

Georgia's minimum wage does not apply to employers with sales of $40,000.00 per year or less, with five employees or fewer, with domestic employees or an employer who is a farmer owner. It also does not apply to employees who receive compensation in the form of gratuities, who are in high school or college or who are employed as newspaper carriers.

Certain employees under the age of 20 can be paid $4.25 per hour during their first 90 days of employment. After those 90 days, the employee must be paid the full minimum wage.

Employees are entitled to one-and-one-half times their regular rate of pay for weeks in which they work in excess of 40 hours.

Child Labor in Georgia

No children under the age of 12 may be employed. Any minors under 16 years old who have not graduated from high school must have a work certificate (permit) from his or her school. Furthermore, such employees must not work more than four hours in a day during the school year or more than eight hours a day during a vacation time. They must also not work more than 40 hours a week and must not work between 9:00 pm and 6:00 am. However, federal law also has regulations about employing minors, in which case the federal law may take precedence over Georgia law.

Individuals under the age of 18 must have a work permit, regardless of their family status.

At Will Employment

Georgia is an "employment at will" state. As such, at-will employees can be terminated for any reason, so long as the reason is not illegal, such as discrimination.

Meal and Rest Breaks

Georgia does not have any laws requiring meal periods or rest breaks for employees.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act is a federal law regarding employee wages and hours worked, including overtime hours and wages. Under the FLSA, some workers are exempt from overtime pay. However, those workers must fit the criteria the FLSA sets out for exemption. Georgia's laws also apply to employment subject to the FLSA. In cases where both the FLSA and Georgia law apply, the law setting the higher standards must be observed.

More information on how the Fair Labor Standards Act applies to overtime can be found here.

Family Medical Leave Act (FMLA)

The Family Medical Leave Act (FMLA) is a federal act that requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for the following reasons: birth and care of the employee's newborn child; care for a child after adoption or foster care placement; care for the employee's spouse, child or parent with a serious health condition; or for a serious health condition that affects the employee's ability to work.

Covered employers are those who employ more than 50 employees within 75 miles of the worksite and have at least 50 employees who work 20 or more work-weeks in the current calendar year or the previous calendar year. Public agencies are covered by the FMLA regardless of the number of employees.

Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act is a federal law enacted to ensure that employees work in an environment that is free from recognized hazards. It is part of the United States Code, Title 29, Chapter 15.

Federal laws also protect employees from sexual harassment and discrimination, including race, age, disability and pregnancy discrimination.

Georgia employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts.
 

Georgia Employment Legal Help

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Last updated on Apr-22-20