Nobody ever said running a business was easy. As an employer, you have many things to handle, and compliance is just one of them.
In addition to U.S. Federal regulations, each state has its own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements, and offering guidance to help you keep up.
Bear in mind that this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Payroll Tax Accounts
Because Justworks reports state unemployment taxes on behalf of customers who utilize Justworks’ PEO services, employers will need to close their Georgia unemployment and withholding accounts prior to joining the Justworks platform. Linked here are the steps you’ll need to take: Georgia - State Unemployment Insurance.
Recruiting & Hiring Practices
E-Verify
The Illegal Immigration Reform and Enforcement Act of 2011 requires that private employers in the state of Georgia with 11 or more employees enroll and participate in E-Verify. This allows participating employers to electronically verify the employment eligibility of their employees. E-Verify compares information from Form I-9 to government records to confirm that an employee is authorized to work in the U.S.
State Regulation: Illegal Immigration Reform and Enforcement Act of 2011
Mineral*: Georgia Employment Verification and New Hire Reporting
Background Screening
Employers in Georgia can access criminal history record information (CHRI) on employees and applicants. However, certain CHRI is restricted, including cases where charges were dismissed or employees were acquitted. Additionally, specific first offenders' records, those sentenced by accountability courts, and juvenile criminal records are generally not accessible to employers.
Employers cannot disqualify job applicants based on certain first offenses if they were exonerated and discharged without an adjudication of guilt. Applicants can legally deny the existence of their sealed juvenile criminal records in response to pre-employment inquiries.
Georgia Bureau of Investigations: Background Screening Resources
Mineral*: Georgia Applicant and Employee Screening
Independent Contractors
When deciding whether to classify workers as employees or independent contractors, there are a few things your business should consider, including the varying tests that apply under different federal and state employment laws, and the potential penalties and other liabilities for misclassifying employees as independent contractors.
You can read our general Help Center article on contractors, and view information on how to determine if someone is an independent contractor or employee in Georgia in the relevant section linked below.
Mineral*: Georgia Independent Contractors
Pay Requirements
Minimum Wage & Overtime
Georgia’s minimum wage requirement is $5.15 per hour for employers of six or more employees unless otherwise covered by an industry-specific, local, or federal law. Georgia employers covered by the federal Fair Labor Standards Act (FLSA) are subject to the higher federal minimum wage of $7.25 per hour and overtime pay rules.
Georgia Department of Labor: Minimum Wage
Mineral*: Georgia Minimum Wage and Overtime
Lactation Accommodations
Georgia employers must provide a reasonable amount of paid break time for employees to express breast milk at the worksite during work hours. However, employers are not required to provide paid break time to employees when they are working away from any of the employer’s worksites.
Employers must provide a private location, other than a restroom, where an employee can express breast milk in privacy at the worksite.
Employers with fewer than 50 employees are exempt from the law if it would impose an undue hardship on the employer’s business.
Mineral*: Georgia Lactation Accommodations
Common Day of Rest
Employers that operate on Saturday or Sunday and employ individuals whose habitual day of worship has been chosen by the employer as a day of work must reasonably accommodate the religious, social, and physical needs of those employees so that they may enjoy the same benefits as employees in other occupations. Limited exceptions may apply.
Mineral*: Georgia Employment Discrimination and Accommodations
Leave
Family Care Act (Kin Care)
Under Georgia’s Family Care Act, also known as kin care law, employers that offer sick leave to employees must allow employees to use up to five of their available sick days per year for the care of an immediate family member.
State Regulation: Family Care Act
Mineral*: Georgia Family and Medical Leave
Time Off to Vote
Georgia employers are required to provide up to 2 hours of leave for employees to vote either on days designated for advance in-person voting or on the day of an election. Voting leave can be unpaid and must be made available for municipal, county, state, and federal elections.
Mineral*: Georgia Voting Leave
Separation
Final Pay & Document Requirements
Georgia law does not specify when an employer must issue an employee’s final wages; however, it is recommended that final wages be issued on the next regularly scheduled payday.
Accrued, unused vacation time need not be paid out to the employee unless the employer’s policy requires it. Employers should clearly set forth in writing any policy with respect to unused vacation time.
Additionally, an unemployment insurance notice (Form DOL-800, “Separation Notice”) must be provided to all separating employees, regardless of the reason for leaving. You can access the form here.
Mineral*: Georgia Separation
Business Closings and Layoffs
The Federal Worker Adjustment and Retraining Notification (WARN) Act imposes certain notices and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations.
Under Georgia state law, employers undertaking a mass separation of 25 or more workers are required to file notice (Form DOL-402, “Mass Separation Notice”) with the Georgia Department of Labor if the separation is permanent, for an indefinite period, or for an expected period of at least seven days and occurs on the same day for the same reason. An additional form (Form DOL-402A, “Mass Separation Notice - Continuation Sheet”) may be required to file if employees are separated on different days for different reasons. You can access both forms here. For more information, visit the links below.
U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor
Georgia Department of Labor: Mass Separations
Mineral*: Georgia Layoffs
Notes
*Be sure you’re logged into your Justworks account with administrative permissions to access Mineral.
Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.