Employment law is the broad set of laws that cover a wide range of legal issues that are associated with employees, employers, and safety conditions in the workplace. For instance, some state or federal employment laws may apply to a case involving employment discrimination, while other state or federal employment laws may simply provide guidance to businesses when they are drafting company policies and/or employee handbooks.
The overall purpose of employment laws is to protect all of the people that make up the state and federal workforce, and as such the laws generally cover the following matters:
- Establishing legal protections for employees who bring any legal dispute against a colleague, an employer, or their company;
- Ensuring that businesses are not allowed to discriminate against prospective job candidates or current employees during the interviewing, hiring, promotion, working, or termination processes;
- Extending specific legal rights and legal protections to employees who are self-employed, or are considered to be independent contractors;
- Ensuring that non paid employees, such as any volunteers or unpaid interns are also protected and not exposed to sexual harassment, discrimination, and/or retaliation in the workplace; and
- A variety of other legal protections that are commonly associated with employment rights in general, such as minimum wage laws.
It is important to note that there are federal employment protections, but there are also state employment laws that may add additional protections onto existing federal labor laws. Because of this, employee protections granted by one state may not be available under the laws of another state.
Does Georgia Have Its Own Set of Labor Laws?
In short, yes, there are state labor laws in Georgia that protect workers’ rights within the state of Georgia. As such, it is important for employees in Georgia to understand their individual state rights that are granted to them in addition to their federal protections. As mentioned above Georgia employers are required to adhere to federal labor laws.
However, Georgia labor laws in also cover various different aspects of employment law, such as:
- State laws regarding minimum wage;
- State laws regarding overtime;
- State laws regarding breaks;
- State laws regarding maternity leave;
- State laws regarding vacation time;
- State laws regarding sick leave; and
- State laws regarding holiday pay and time.
Do the Laws in Georgia Make a Differentiation for Full-Time and Part-time Workers?
In short, no, neither state or federal labor laws have set legal restrictions or standards on what constitutes a part-time or full-time employee in Georgia. As such, each employer in Georgia has the ability to create their own criteria as to what constitutes a person being a full-time employee or a part-time employee.
Typically, the most common structure for who is considered to be a full-time employee in Georgia is an employee that works a 40 hour work week. The reason that a 40 hour work week is so common is because that is the maximum amount of time a Georgia employee may work in a work week without the employer having to pay that employee overtime pay.
It is important however for an employee to reach out to their human resources (“HR”) department to find out whether or not they are considered a full time employee within their specific company.
What Is the Minimum Wage in Georgia?
As of 2009, the federal minimum wage is set at $7.25 per hour. This means that $7.25 is the minimum hourly pay any non-exempt employee in the United States must be paid for work that is performed. It is important to note that the federal minimum wage is applicable nationwide, and as such the federal minimum wage laws override any state laws that provide for a lower minimum wage rate than that of the federal minimum wage.
Georgia is one of the states that does provide for a lower minimum wage than that of the federal minimum wage. Georgia’s minimum wage law can be found in the Official Code of Georgia Annotated (“O.C.G.A.”) at Title 34-Chapter 4-Section 3, and the law provides for a state minimum wage of $5.15 per hour. However, the federal minimum wage laws will override the Georgia state laws on minimum wages in most situations.
Examples of situations in which an employee in Georgia may receive less than the federal minimum wage rate of $7.25 include:
- New employees under the age of 20 subject to a training rate, who an employee can pay $4.25 an hour for their first 90 days of work;
- Full time students in high school or college in certain situations who work less than 20 hours per week, who state laws allow to be paid $6.16, or 85% of the federal standard minimum wage; and
- Any employees who are “tipped employees,” which are typically restaurant workers.
- It is important to note that employers must add a tip credit to make up for any difference between the lower tipped rate and the $7.25 federal minimum, if the employee does not reach at least the federal minimum wage level with tips.
However, states and localities may choose to enact laws that impose a higher minimum wage than that of the federal minimum wage for workers in their area. Montana is such a state that has enacted laws setting a higher minimum wage.
How Does Overtime Work in Georgia?
It is important to note that Georgia has no state laws that protect Georgia employees from overtime or give employees a right to overtime payment. However, federal overtime laws do apply in the state of Georgia. As such, the Fair Labor Standards Act (“FLSA”) states that an employer must pay their employees a rate of one and a half hours for all hours that an employee works over 40 hours in the state of Georgia.
For instance, if a Georgia employee works a 50 hour work week at a pay rate of $20 an hour, that employee would be entitled to their standard pay rate of $20 an hour for the first 40 hours that they worked, and then be entitled to a pay rate of $30 an hour (one and a half times their standard pay rate of $20 an hour) for the 10 hours that they worked over 40 hours.
As such, the fictional employee above would be entitled to a total work week pay of $1,100 before taxes and deductions, with $800 being paid for the first 40 hours they worked, and an additional $300 being paid for the overtime hours that they worked above 40 hours.
It is important to note that if an employee in Georgia is exempt from FLSA requirements, then their employer is not required to pay that employee overtime. For instance, if the fictional employee above is paid a weekly salary of $1,000, then they would not be entitled to extra pay for working the extra 10 hours, because they were a salaried employee and exempt from the FLSA.
One of the most common legal issues in Georgia that arise from labor laws is an employee withholding overtime pay. As mentioned above, Georgia employees who work over 40 hours per work need to be paid overtime rates after the first 40 hours worked. If an employer does not provide the overtime rate, then they may be subject to legal liability.
In Georgia, in order for an employee to recover for an employer’s violation of wage laws, the employee must typically demonstrate the following:
- That a valid employer-employee relationship was in existence at the time of the violation;
- That the employee is not exempted from the Fair Labor Standard Act’s requirements for overtime pay; and
- That the employer did in fact fail to meet the FLSA overtime requirements and properly timely pay the employee.
If all of the following is demonstrated by the employee, then the employee will likely be successful in recovering their lost wages from their employer, and the employer may be subject to additional penalties.
What Are the Georgia Labor Laws on Discrimination?
In addition to federal protections that cover discrimination against an employee, Georgia law provides additional protections for Georgia employees. Under the Georgia Fair Employment Practices Act, an employer may not discriminate against an employee based on their:
- Race;
- Creed;
- Religion;
- Sex;
- Sexual Orientation and gender identity;
- Physical or mental disability;
- Age; or
- National origin.
In addition to the above list of protections, there are also many Georgia laws that cover employment discrimination for any reason. Further, Georgia also provides protections for employees that whistleblow against their employer. Specifically, both the Georgia False Medicaid Claims Act and the Georgia Taxpayer Protection Act allow whistleblowers to file “qui tam” lawsuits against employers who engage in prohibited conduct under the Acts.
As such, any employer that retaliates against a Georgia employee for whistleblowing may be legally liable to:
- Reinstate the employee to their previous position;
- Pay the employee twice the amount of their owed back pay, with interest; and/or
- Compensate the employee for any other damages they may have incurred due to the employer’s retaliatory actions, such as emotional damage.
The state of Georgia may also intervene in the retaliation case. If the state intervenes, the employee may receive a lesser recovery, but the state will pursue the case on the employee’s behalf, without the necessity for a private lawsuit. Of course a Georgia employee is also free to pursue their claim in a private civil lawsuit against their former employer.
How to Handle Employment Discrimination in Georgia
If you are a Georgia employee and have faced discrimination by an employer, you may file your complaint with either the Georgia Commission on Equal Opportunity or your local Equal Employment Opportunity Commission office. Importantly, it is against the law in Georgia to punish an employee for filing a claim of discrimination.
However, it is important to note that there is a statute of limitations on when a discrimination case must be filed. An employee has 180 days from the day the discrimination happened for them to file their discrimination case.
Further an employee may also have to check with their local city or county to see if there are local agencies that they may have to file with first. Then if the employee exhausts their administrative remedies with the local commission offices, they will be given a “right to sue” notice, which they can utilize to sue their employer for discrimination in private court.
In Georgia, if an employee wins their case they might be eligible for back pay, punitive damages and recovering their attorneys fees. Examples of common discrimination claims in Georgia include:
- Civil Rights Act Violations: These claims include discrimination based on “protected categories” such as race, religion, national origin, and sex;
- Pregnancy Discrimination: Once again, it is illegal to discriminate against an employee based on their pregnancy status, or based on other related aspects such as having a medical condition caused by the pregnancy or by child birth; and
- Americans with Disabilities Act: Georgia employers are not allowed to discriminate against persons with legally recognized discrimination, including harassing a person based on the disability.
- Further an employer can also be found legally liable if they fail to provide reasonable accommodations for an employee’s disabilities, such as a wheelchair ramp.
Do I Need an Attorney for Help With Georgia Labor Laws?
As can be seen, there are numerous labor laws, both federal and state, that provide legal protections and rights to Georgia employees. As such, if you believe that your employer has violated your rights as an employee, it is in your best interests to consult with an experienced Georgia labor lawyer.
An experienced Georgia labor lawyer will be able to help you determine whether or not your employer has violated your rights as an employee. Additionally, an employment lawyer will also be able to help you determine your best course of legal action to recover for any losses that you may have suffered as a result of your employee rights being violated.
Finally, an attorney can also initiate a private civil lawsuit on your behalf against your employer, and represent you in court, as necessary.
