Employers are not required to provide vacation, sick, or personal leave under federal or state law. However, they must adhere to their own company policies regarding unused vacation time.
In Georgia, the minimum wage rate is $5.15 per hour, which is significantly lower than the federal rate. However, with limited exceptions, employers are required to pay $7.25 per hour, as mandated by the Fair Labor Standards Act (FLSA).
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Although the federal minimum wage exceeded $5.15 per hour in 2007, Georgia’s rate has remained unchanged since then. In fact, Georgia, along with Wyoming, has the lowest minimum wage rate in the country.
The state permits municipalities to establish their own wage laws, but only two cities have done so, and these laws only affect public employees. In 2017, Clarkston became the first city in Georgia to set an hourly rate of $15 for city employees. Shortly thereafter, Atlanta followed suit, implementing incremental increases until reaching $15 per hour for city workers.
The Georgia Supreme Court addressed a significant question about exemptions from the state’s minimum wage requirements in the 2015 case Anderson v. Southern Home Care Services, et al.
In this case, the employers argued that employees providing “companionship services” were exempt from the minimum wage provisions of the FLSA but still subject to other FLSA provisions. Therefore, they claimed these employees were not covered by the Georgia Minimum Wage Law (GMWL). The court disagreed, ruling that the state minimum wage applied to these employees.
Additionally, the court determined that although the employees provided in-home personal support services, they were not classified as “domestic employees” under the GMWL. Thus, the exception to state minimum wage requirements did not apply to them.
Required Posters:
Equal Pay for Equal Work
Unemployment Insurance
Vacation Unemployment Insurance
No Smoking Sign
Smoking Permitted - No One Under the Age of 18 Allowed
Bill of Rights for Injured Workers
Workers’ Compensation Official Notice (three options available):
Option 1 - Panel of Physicians:
Option 2 - Conformed Panel:
Option 3 - Managed Care Organization (MCO):
Benefits:
Tipped employees must be paid a minimum of $2.13 per hour in direct wages. However, if the combination of tips and direct wages does not meet the state minimum wage rate, employers are required to make up the difference to ensure the total earnings equal at least the state minimum wage.
Employers must pay overtime for hours worked over 40 in a workweek at a rate of one-and-a-half times the regular rate of pay. There is no daily overtime requirement in Georgia.
Exemptions apply to white-collar workers in executive, administrative, professional, and outside sales positions. To qualify for the exemption, these employees must be paid on a salary basis.
Minors under the age of 16 are prohibited from working between 9 p.m. and 6 a.m.
Additionally, these minors cannot work during hours when public or private schools are in session, except for those who have completed high school or have been excused from school attendance by a county or independent school system board of education.
Minors under 16 are also restricted to working no more than four hours on school days, eight hours on non-school days, and no more than 40 hours in any week.
Minors under 12 years old are generally not allowed to work at any time. However, this restriction does not apply to employment in agriculture, domestic service in private homes, and certain other situations.
Georgia has specific recordkeeping rules that businesses must follow. Employers are required to keep information regarding each employee on file for at least four years, starting from the calendar year in which the paycheck was due.
According to state law, employers should maintain the following data:
Employers must maintain records in a format that allows for easy inspection, detailing:
Employers are not required to provide vacation, sick, or personal leave under federal or state law. However, they must adhere to their own company policies regarding unused vacation time.
Yes, employers not subject to the FLSA due to their size must pay the Georgia minimum wage of $5.15 per hour.
Minors under 16 years old cannot work more than:
Employers must pay nonexempt employees time-and-a-half their regular rate of pay for hours worked over 40 in a workweek, with some exceptions.
Neither federal nor state law mandates breaks or meal periods. However, many Georgia employers provide such breaks. Short breaks, typically between five and 20 minutes, must be paid according to the FLSA. Meal periods of 30 minutes or more do not need to be paid, provided no work is done during these times.
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