Georgia employment law overview

Georgia has laws that provide greater protections to employees than federal law, including health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as occupational safety. 

Select Georgia employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Georgia employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

Georgia prohibits employment discrimination based on protected characteristics, such as age and disability. 

The Georgia Equal Employment for Persons With Disabilities Code prohibits retaliation against an individual for opposing unlawful discrimination, filing a charge or participating in an investigation or hearing. 

Equal pay 

The Georgia Equal Pay Act (Georgia EPA) prohibits certain employers from paying an employee a lower wage rate than an employee of the opposite sex for equal work within the same establishment in jobs requiring equal skill, effort and responsibility and performed under similar working conditions.  

Pay differentials between employees performing equal work in the same establishment may be justified on the basis of: 

• A seniority system; 
• A merit system; 
• A system that measures earnings by quantity or quality of production; or 
• A differential based on any factor other than sex. 

Pay transparency  

Georgia does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Georgia does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights  

Georgia does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

Georgia does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

An employer must provide reasonable paid break time and a private location to an employee who wishes to express breast milk at the work site during work hours. The break time must be paid at the employee’s regular rate of compensation. Employees paid on a salary basis may not be required to use paid leave or have their salary reduced. Breaks are not required on any day the employee is working away from the workplace. 

Access to personnel files 

Georgia law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Georgia does not have a whistleblower law applicable to private employers. 

Scheduling 

Georgia does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Georgia employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Georgia does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance  

Georgia does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

Under the Illegal Immigration Reform and Enforcement Act certain employers in Georgia must use the federal employment verification system (E-Verify) to confirm the work eligibility of new hires and rehires. 

Wage and hour 

Georgia employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Georgia’s minimum wage rate is $5.15 per hour. The state law applies to most employers with more than $40,000 in annual sales and with more than five employees. However, because the federal minimum wage is higher, for most employers in Georgia, the federal minimum wage requirements apply. 

Overtime  

Georgia does not have a state overtime law applicable to private employers. 

Meal and rest breaks 

Georgia law does not require employers to provide meal or rest breaks to employees.  

Child labor 

Child labor laws in Georgia restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Minors between the ages of 12 and 16 may not work in certain occupations, industries or locations, such as in manufacturing, mills and factories. 

Minors between the ages of 12 and 16 may not work: 

• More than four hours on a school day; 
• More than eight hours on nonschool days; 
• More than 40 hours in any week; 
• During school hours (unless the minor has completed senior high school or has been excused from attendance); and 
• Between 9:00 p.m. and 6:00 a.m. 

Pay and benefits 

Georgia employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Wages must be paid in cash or by check. Exceptions apply. Wages may be paid by direct deposit or a payroll card account if certain conditions are met. 

Pay frequency and lag time 

Nonexempt employees may be paid semimonthly, or twice a month at equal intervals. 

Pay deductions 

Union dues may be deducted from wages with the employees’ consent. 

Pay statements 

Labor pool and worksite employers must provide each employee with a paystub that indicates the number of hours worked, the rate of pay and any deductions taken. 

Wage theft 

Georgia does not have a wage theft law applicable to private employers. 

Health care continuation 

Georgia requires certain employers to offer health care continuation coverage for up to three full months after the month in which coverage was lost. Employers are required to extend continuation coverage to employees and their covered dependents whose coverage terminates for any reason, unless the employee is terminated for cause. 

Temporary disability insurance 

Georgia does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Georgia employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Georgia does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Georgia does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

Georgia has a few laws related to time off and leaves of absence, including but not limited to jury and witness duty leave; military leave; voting leave; and day of rest requirements. 

Health and safety 

Georgia employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Georgia does not have a federally approved state plan governing occupational safety and health. Therefore, the Occupational Safety and Health Administration has authority over private sector employers in the state.   

Drug and alcohol testing 

An employer that chooses to conduct preemployment drug and alcohol testing must follow the law, including: 

• Providing advance notice of the testing requirement to applicants; 
• Following proper collection and testing procedures; and 
• Paying all costs associated with testing. 

Smoke-free workplace 

The Georgia Smokefree Air Act bans smoking in all enclosed areas within places of employment. The ban does not apply to certain areas, such as outdoor areas, and an employer may designate smoking areas that meet certain requirements. Proper signage is required where smoking is prohibited. 

Weapons in the workplace 

Georgia law generally prohibits an employer from searching an employee’s locked, privately owned vehicle on the employer’s parking lot or from conditioning employment on an agreement that prohibits an employee from entering the parking lot when his or her personal vehicle contains a licensed firearm. 

Safe driving practices 

The Hands-Free Georgia Act prohibits all drivers from using hand-held cell phones and other electronic devices. 

In addition, a commercial motor vehicle driver is prohibited from: 

• Using more than a single button on a wireless telecommunications device to initiate or terminate a voice communication; and 
• Reaching for a wireless telecommunications device or stand-alone electronic device in a way that requires the driver to no longer be:
  • In a seated driving position; or 
  • Properly restrained by a safety belt. 

Organizational exit 

Georgia employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Upon the death of an employee, an employer can pay wages due to the employee up to $2,500. The wages must be paid to certain individuals in a specific order, beginning with the beneficiary designated by the employee in writing. 

Mass layoffs 

Georgia does not have its own version of the federal WARN Act. 

AI in employment 

Georgia does not have a law related to AI in employment applicable to private employers.