At-Will Employment
In Georgia, the general rule is that employment is terminable at-will by either party, in the absence of a contract specifying a definite period of employment. Employees may be terminated for any reason, as long as it is not expressly prohibited by federal, state, or local law.
Courts may recognize claims for breach of implied contract based on a written promise or handbook provision if a definite duration of employment is promised or if there is an established policy, which the employee was aware of, regarding discipline and termination procedures. To avoid the formation of an implied contract, employers should have employees sign an express written at-will agreement and include a disclaimer that reserves the company’s right to modify or deviate from policies outlined in the employee handbook.
For comprehensive training on maintaining at-will employment, visit EmployerESource and explore our training webinars. These resources offer valuable information for business owners and managers seeking to stay informed and compliant.
For any questions about at-will employment and how to preserve this relationship, please contact EmployerESource. We’re here to provide expert guidance and support.
Deductions from Wages
While Georgia does not have specific laws governing paycheck deductions, EmployerESource strongly recommends using a Payroll Deduction Form to maintain clear communication and proper documentation. Additionally, employers must ensure that any deductions do not reduce an employee’s wages below the federal minimum wage.
Need guidance or a customized Payroll Deduction Form? Contact EmployerESource today! Our team is here to help you stay compliant and optimize your payroll processes with ease.
Direct Deposit
Georgia employers are permitted to pay employees via direct deposit, but they must obtain consent from the employee before doing so.
If you have any questions regarding this law or need assistance, please contact EmployerESource. We’re here to provide guidance and ensure your practices are compliant.
Garnishments of Pay
Georgia law allows parents responsible for child support to assign a portion of their wages to the state to fulfill their obligations. Employers must recognize and comply with these assignments, which courts may also require to ensure consistent child support payments. Importantly, employers cannot terminate an employee solely due to a wage assignment for child support. Additionally, employers may collect up to $25 for the first deduction and $3 for each subsequent deduction to cover administrative costs.
Need guidance on wage assignments? Contact EmployerESource for expert assistance or download our Employee Handbook with state-specific policies to keep your business compliant and informed!
Jury Duty Leave
Georgia does not have a specific law requiring employers to provide paid leave for jury duty. However, the Attorney General’s opinions (1989 & 1998) interpret GA Code § 34-1-3 as requiring employers to pay employees for jury service leave. Additionally, employees may have the right to file a civil claim if denied wages for jury duty. While no court has officially ruled on the validity of this interpretation, many counties have adopted this stance when advising jurors.
Stay informed and compliant! Contact EmployerESource for expert guidance or download our Employee Handbook with state-specific policies to protect your business.
Lactation Accommodation
Georgia law requires employers to provide reasonable paid break time for employees to express breast milk at the worksite during work hours. Employers must also offer a private, non-restroom location for this purpose. Salaried employees cannot be required to use paid leave or have their salary reduced for taking these breaks.
Employers with fewer than 50 employees may be exempt if compliance creates an undue hardship based on business size, financial resources, or structure.
Ensure compliance and support your employees! Contact EmployerESource for expert guidance or download our Employee Handbook with state-specific policies to keep your business informed and protected.
Meal Periods and Breaks
Georgia does not have specific laws regarding meal periods and breaks. While federal law does not mandate meal periods or breaks, it does require that employees be paid for any break under 20 minutes. Meal periods or breaks lasting 30 minutes or more do not require payment.
For any questions or clarification regarding this law, please contact EmployerESource. We’re here to assist you and ensure compliance with all applicable regulations.
Minimum Wage
Georgia’s minimum wage is $5.15 per hour. However, with limited exceptions, the federal minimum wage of $7.25 per hour takes precedence.
For questions about exceptions and how these regulations may apply to your business, contact your HR Consultant or EmployerESource today.
Multiracial Law
Georgia law requires that if an employer includes a race section on any document, a "Multiracial" option must also be provided.
For any questions or clarification regarding this law, please contact EmployerESource. We’re here to assist you and ensure compliance with all applicable regulations.
Overtime
Georgia does not have specific overtime laws; therefore, federal regulations under the Fair Labor Standards Act (FLSA) apply.
Under federal law, employees who work more than 40 hours in a seven-day workweek must be paid overtime at a rate of one and a half times their regular pay. Employers have the flexibility to define which seven-day period constitutes their workweek.
Contact EmployerESource for expert assistance or download our Employee Handbook with state-specific policies to keep your business compliant and informed!
Payroll Deductions
Georgia does not have specific laws regarding payroll deductions. However, employers must adhere to federal law and ensure that deductions do not bring an employee's pay below the minimum wage.
Although no state law requires it, EmployerESource recommends using a Payroll Deduction Form when deductions are being implemented.
For any questions or to receive a customized Payroll Deduction Form, please contact EmployerESource. We’re here to help ensure compliance and streamline your processes.
Reference Check
Georgia law grants employers immunity when disclosing factual information about a current or former employee’s job performance. Understanding how to conduct legally compliant reference checks is essential to protecting your business.
For comprehensive training on proper reference check procedures, visit EmployerESource and explore our training webinars—a valuable resource for business owners and managers seeking to stay informed and compliant.
Have questions? Contact EmployerESource today! We’re here to provide expert guidance and ensure your hiring practices align with state regulations.
Sick Leave
The Georgia Family Care Act allows employees to use up to five days of accrued sick leave per year to care for immediate family members, including children, spouses, grandchildren, grandparents, parents, and dependents listed on their tax return. While employers are not required to provide sick leave, those that do must allow its use for family care in accordance with this law.
Employers retain discretion over notice and documentation requirements, ensuring flexibility in managing leave policies. However, to remain compliant, businesses must integrate the Act’s provisions into their policies and communicate them clearly to employees.
Stay compliant and avoid legal pitfalls! Contact EmployerESource for expert guidance or download our Employee Handbook with state-specific policies to ensure your leave policies align with Georgia law.
Vacation Leave
Employers in Georgia are not legally required to provide vacation benefits to employees. However, if a company offers vacation, personal time off (PTO), or holiday leave, it must adhere to the policies it establishes.
This makes it essential for businesses to adopt well-crafted, clear, and compliant vacation policies.
EmployerESource specializes in developing customized vacation and leave policies tailored to your business needs. Let us help you create policies that align with your goals while ensuring compliance and clarity for your employees.
Contact us today to get started!
Voting Leave
Georgia law requires employers to allow employees up to two hours of time off to vote in municipal, county, state, or federal elections—if their work schedule does not already provide at least two hours before or after their shift while polls are open. Employers may also designate when employees can take this voting leave to ensure minimal disruption to operations.
Ensure compliance with voting leave laws! Contact EmployerESource for expert guidance or download our Employee Handbook with state-specific policies to keep your business informed and compliant.