Georgia Employers: State Employment Statutes & Regulations

Employers, regardless of size, must comply with a large number of federal laws that impact the relationship between the employer and employee on a daily basis, such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), Occupational Safety and Health Act (OSHA), and Title VII of the Civil Rights Act, to name a few. Irrespective of what Congress may legislate, or how the various federal agencies interpret their own regulations, the State of Georgia has also developed a number of laws affecting employers and employees. If there is only a federal law, it controls. If there is no federal law, the Georgia law controls. For instance, Georgia has a statute requiring employees to be paid at least 2 times per month, while the feds are silent. If you are paying your employees monthly, please take note! If, however, there are both a federal and a state law that covers the same topic and they conflict, the employer must give deference to whichever law gives the most protections to employees.

Because the Trump Administration has eliminated or reduced many of the regulations provided by federal law, we think it is instructive to review the Georgia employment statutes at this time. Employers should not simply assume there is no Georgia law in place, but instead check to see if some existing state law will control the situation.

Dignity and Pay Act, (SB55, 2025)
The newest law on the books in Georgia concerning the workplace is the Dignity and Pay Act which took effect July 1, 2025. It prohibits employers from paying individuals with a mental or physical disability less than minimum wage, a practice that had been permitted in Georgia in order to create additional jobs for disabled individuals whose earning or productive capacity is actually impaired by a physical or mental disability.

Section 14(c) of the Fair Labor Standards Act (FLSA) allows employers to pay certain workers with disabilities less than the federal minimum wage. To participate in this program, aimed at expanding employment opportunities for individuals with disabilities, employers classified as a Community Rehabilitation Providers (CRP) could obtain a certificate from the USDOL’s Wage & Hour Division (WHD) and pay employees below minimum wage. Relying on this provision of the FLSA, Georgia law permitted the Georgia Commissioner of Labor to grant employers an exemption to pay “certain classes of persons…at rates below the minimum rate because of overriding considerations of public policy to allow employment of certain persons with disabilities and others who cannot otherwise compete effectively in the labor market.”

A 2023 report by the U.S. Government Accountability Office (GAO) found that more than half the workers it reviewed in the program between 2019 and 2021 were earning less than $3.50 an hour, and some earned as little as 25 cents an hour. Under the new law, employers may no longer obtain such a certificate, or pay lower wages. Although this practice is still permitted under federal law, Georgia joins a growing number of states that have outlawed this practice,

The Illegal Immigration Reform and Enforcement Act, O.C.G.A. § 13-10-91
In addition to federal I-9 compliance, the Illegal Immigration Reform and Enforcement Act (IIREA), instituted mandatory usage of E-Verify for both public and private employers for all newly-hired employees in Georgia. Since January 1, 2013, all Georgia public employers, contractors, and subcontractors are required to file a form affidavit certifying their registration and participation in E-Verify as a condition of obtaining a local business license. O.C.G.A. § 13-10-91. Failure to comply with the IIREA is grounds to reject a bid, as well as grounds for non-renewal of a business license or permit. Knowingly and willfully accepting documents that are not secure or verified is a misdemeanor offense that is subject to monetary fines up to $1,000, prison time up to 12 months, or both.

New Hire Reporting, O.C.G.A. § 19-11-9.2
Georgia law requires employers to report within 10 days of their occurrence the following actions with regard to an employee: hire, lay off, furlough, separation, granted leave without pay, or termination. The employer must report such events by mailing the employee’s copy of the W-4 form containing the relevant information to the Georgia Department of Administrative Services. New hires can be registered on the Internet at www.ga-newhire.com.

Notice Of Separation, Ga. Reg. 300-2-7-.06
Georgia law requires employers to file Form DOL-800, “Separation Notice,” for each worker separated regardless of the reason for separation (except when mass separations take place, which are subject to separate rules). The Separation Notice must be completed, signed by the employer or authorized agent, dated and delivered to the separated employee on the last day of work in accordance with printed instructions on the Form DOL-800 or mailed to the employee’s last known address.

Limited Healthcare Coverage (Mini-COBRA), O.C.G.A. § 33-24-21.1
Georgia law does not require an employer to provide healthcare coverage to its employees. However, in the event coverage is provided, Georgia has a mini version of the federal COBRA law (mini-COBRA). Employers with 2-19 employees who are not required to offer COBRA, must offer continuation of health insurance coverage for employees who lose their health insurance due to certain qualifying events. The cost belongs to the employee. The term of such coverage is the fractional policy month remaining at time of termination, plus three (3) additional months.

This does not apply if the employee was terminated for cause or if the coverage had lapsed prior to the employee’s termination due to the employee’s failure to make required payments. Georgia law also requires that most employees be allowed to convert coverage in effect before their termination to individual coverage, to be paid at their expense.

Jury Duty and Court Attendance Leave, O.C.G.A § 34-1-3(c)
It is unlawful for an employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process that requires the attendance of the employee at the judicial proceeding. O.C.G.A. § 34-1-3. The subpoena, summons, or other court order may be from a state other than Georgia. This law does not apply to an employee charged with a crime, nor does it prohibit an employer from requiring an employee to provide reasonable notification of the expected absence, to utilize available paid time off, or take the time away from work as unpaid.

Voting Leave, O.C.G.A. § 21-2-404
An employee, upon providing reasonable notice to the employer, must be permitted to take necessary time off to vote on the day on which a primary or election is held. Time off may not exceed two hours. Further, if an employee’s work schedule begins at least two hours after polls open or ends at least two hours before polls close, no voting time off is required. An employer may specify the hours during which the employee may be absent.

Military Leave, O.C.G.A. § 38-2-280(b) to (d)
All private employers in Georgia must provide certain military leave benefits to their employees. A non-temporary employee is entitled to leave during any military service, including service in an organized militia, the reserves of the US armed forces, the Georgia National Guard, and the National Guard of another state. Military training leave or leave to attend service schools conducted by the U.S. Armed Forces may not exceed a total of six months during any four-year period. Military leave need not be paid unless the employee elects to utilize accrued and available paid leave time for some or all of the Military leave.

Time to Express Milk, O.C.G.A. § 34-1-6
This statute makes it mandatory for an employer to provide the time for women to express breast milk for their child up until age 1. and also makes it mandatory for employers to provide the employee a private location other than a restroom to express breast milk. Break time for breast milk expression must be paid. Employers with less than 50 employees may avoid abiding by the law if it would impose an undue hardship but should be careful to ensure they also comply with the federal “Providing Urgent Maternal Protections for Nursing Mothers (PUMP)” Act.

The Family Care Act (the Kin Care Law), O.C.G.A. § 34-1-10
The Kin Care Law requires employers with at least 25 employees who provide paid sick leave to allow eligible employees who work at least 30 hours a week to access up to five (5) days of paid sick leave, per calendar year, to care for their immediate family members. The term “Sick Leave” applies to leave that employees can use for their own incapacity, illness, or injury, during which they receive salary, wages, or other remuneration. However, eligible employers that offer employees an employee stock ownership plan are exempt from the Kin Act.

Multiracial Classification, O.C.G.A. § 34-1-5
This law requires a “multiracial” classification option on all written forms, applications, questionnaires, and other written documents or materials concerning employment law that request information on the racial or ethnic identification of an employee.

Smoking Laws, O.C.G.A. §§ 31-12A-1, et seq.
Under the “Smokefree Air Act of 2005,” smoking is prohibited in all enclosed areas not specifically exempted by statute. Smoking is prohibited in all enclosed areas within places of employment. O.C.G.A. § 31-12A-5. Notice of the prohibition must be provided to prospective employees on their application for employment. Id. Outdoor places of employment are exempted from this provision, as are smoking areas designated by an employer if the designated areas otherwise comply with the requirements set forth by the statute. O.C.G.A. § 31-12A-6.

Common Day of Rest Act, O.C.G.A. § 10-1-570, et seq.
Also, the Common Day of Rest Act, requires that “[a]ny business or industry which operates on either Saturday or Sunday and employs those whose habitual day of worship has been chosen by the employer as a day of work shall make all reasonable accommodations to the religious, social and physical needs of such employees. . . .” Certain employers, such as hospitals and public employers, may be excluded.

Minimum Wage, O.C.G.A. § 34-4-3, et seq.
Georgia sets minimum wage at $5.15 per hour. However, this minimum wage does not apply to any employer subject to the Fair Labor Standards Act (FLSA), which currently sets the minimum wage at $7.25 an hour. O.C.G.A. § 34-4-3(c). This means that Georgia’s minimum wage is, for the most part, unenforceable, even though it remains a part of the state law.

Tipped employees and a few other categories of employees are not subject to the Georgia Minimum Wage Law, but will be subject to the FLSA.

Hours Worked, O.C.G.A. § 34-4-5
Georgia law requires that each employer maintain records showing the hours worked by each employee and the wages paid. Each employer shall post copies of any regulation or order issued by the GA DOL pursuant to this law in a conspicuous place in an area frequented by employees.

Timing of Wage Payments, O.C.G.A. § 34-7-2
Georgia employers must pay employees at least bi-monthly by cash, check, payroll card account, or electronic transfer.

Commissions, O.C.G.A. § 10-1-702
Commissions must be paid according to the terms of the sales representation agreement (commission pay plan). Forfeiture provisions may be enforceable if they are clearly and unambiguously part of the agreement. For example, a Georgia court upheld a policy that denied commissions otherwise earned and due to an employee when he quit to join a competitor. The employer cannot recover commission advances to an employee absent express agreement providing such recovery. If specifically provided in the commission pay plan, the commission schedule may be changed by the employer on a predetermined basis, but may not be arbitrarily changed with the intent of denying a commissioned employee earned commissions. For these reasons, you should use a clearly written and detailed commission pay plan for sales representatives. A sales representative must sue for breach of contract to recover earned but unpaid commissions is not automatically entitled to recover attorneys’ fees.

The Georgia Workers’ Compensation Act, O.C.G.A. § 34-9-1, et seq.
This law applies to every employer in Georgia with three or more employees. Employees who suffer injuries and/or occupational diseases arising out of and in the course of their employment may be eligible to receive several types of benefits under the Act. A workplace injury must be immediately reported to the employer; failure to timely report an injury may result in a denial of benefits. The Workers’ Compensation Act is administered by the State Board of Workers’ Compensation.

Child Labor Laws, O.C.G.A. §§ 39-2-1, et. seq.
Georgia law substantially restricts the employment of minors, including the times they can work. No minor under 16 years of age may be employed or permitted to work in or about a mill, factory, laundry, manufacturing establishment, or workshop, or in any occupation designated as hazardous under Section 39-2-2. O.C.G.A. § 39-2-1. No minor between the ages of 12 and 16 years of age may be employed by or permitted to work anywhere unless a certificate establishing the true age of the minor and the minor’s physical fitness, has been issued by a school superintendent if in public school, the principal administrative officer if in private school, or the parent or guardian if in a home study program. O.C.G.A. § 39-2-11(a).

A certificate is also required for the employment of minors older than the age of 14 when working during school vacation months for care of lawns, gardens, and shrubbery.

Gun Laws, O.C.G.A. § 16-11-135 (a) and (b)
No private or public employer may enforce or establish a rule that allows it to search locked, privately owned vehicles of employees, or invited guests in the employer’s parking lot. Moreover, no employer may condition employment on an agreement that prohibits an employee from entering an employer’s parking lot with a firearm that is locked and out of sight within the trunk, glove box, or other enclosed compartment, provided the employee possesses a Georgia weapons carry license. O.C.G.A. § 16-11-135(b). These provisions do not apply to an employer providing employees with a secure parking area that restricts general public access. Nothing in the code restricts the rights of an employer who is a private property owner or person in legal control of property to control access to such property. O.C.G.A. § 16-11-135(k). In such cases, the employer, as a private property owner, may “exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21.” O.C.G.A. § 16-11-126(d).

Polygraph Testing, O.C.G.A. § 51-1-37
Federal law significantly limits the use of polygraph tests by employers, and Georgia law provides a cause of action against a polygraph examiner if a polygraph examination is administered in a negligent or improper manner. The person may recover actual damages, attorney’s fees, filing fees, and reasonable costs.

Mass Separation, Ga. Comp. R. & Regs. 300-2-4-.10
Georgia does not have a state version of the-WARN Act, but the Georgia Department of Labor requires that whenever 25 or more employees employed in one establishment are separated on the same day for the same reason (and the separation is permanent), the employer shall, within 48 hours following the separation, furnish the local office of the GADOL nearest the place of business a Mass Separation Notice setting forth the information required thereon. Ga. Comp. R. & Regs. 300-2-4-10(1).

Veteran’s Preference Employment Policy, O.C.G.A. § 34-1-8
An employer may create and use a veteran’s preference employment policy which shall be in writing and be uniformly applied to employment decisions regarding hiring, promoting, or retaining during a reduction in force. Using such a policy under this Code section shall not constitute a violation of any local or state equal employment opportunity law.

Immunity for Disclosing Information Concerning Job Performance, O.C.G.A. § 34-1-4
Upon request by a prospective employer or of the person seeking employment, an employer who discloses factual information concerning an employee’s or former employee’s job performance; discloses any act committed by the employee that would violate Georgia law; or discloses the ability or lack of ability of the employee to carry out job duties is presumed to be acting in good faith. The presumption disappears if lack of good faith is shown by a preponderance of the evidence; the information was disclosed in violation of a nondisclosure agreement; or the information is otherwise considered confidential according to applicable federal, state, or local statute, rule, or regulation.

Georgia Fair Employment Practices Act of 1978, O.C.G.A. § 45-19-29, et seq.
This law prohibits public employers with 15 or more employees from engaging in discrimination on account of an individual’s race, color, religion, sex, age, national origin, or disability.

Georgia Age Discrimination Law of 1971, O.C.G.A. § 34-1-2
This statute makes it a criminal misdemeanor to discriminate against any person between the ages of 40 and 70 years, solely upon the ground of age, when the reasonable demands of the position do not require such an age distinction. The individual must be qualified physically, mentally, and by training and experience to perform satisfactorily the labor assigned to him or her or for which he or she applies.

Georgia Equal Employment for Persons with Disabilities, O.C.G.A. § 34-6A-1, et seq.
This law mimics the federal Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, as amended, in that it prohibits discrimination because of an individual’s disability with respect to wages, rates of pay, hours, or other terms and conditions of employment because of such person’s disability unless such disability restricts that individual’s ability to engage in the particular job or occupation for which he or she is eligible. The Code has no administrative prerequisites to filing suit. The law further prohibits retaliation under O.C.G.A. § 34-6A-5.

Workplace Violence, O.C.G.A. § 34-1-7
Employers must furnish employees with a workplace that is reasonably safe from violence. Depending on the circumstances, an employee may be eligible for workers’ compensation if he or she is assaulted in the workplace or during work hours.

Misappropriation Of Trade Secrets And Computer Data, O.C.G.A. § 10-1-762 et. seq.
Georgia’s Trade Secrets law allows an employer to sue former employees, competitors, or other persons and entities who misappropriate the employer’s trade secrets. Trade secrets include formulas, programs, devices, methods, techniques, drawings, processes, financial data or plans, product plans, lists of actual or potential customers or suppliers that are not commonly known by or available to the public. The Georgia Computer Systems Protection law (O.C.G.A. § 16-9-6) also provides criminal penalties and authorizes civil lawsuits against anyone who uses a computer or computer network to, among other things, steal, delete, or alter data; invade the privacy of another; or commit computer forgery.

Right To Work Protections For Employees, O.C.G.A. § 34-6-21
Since Georgia is a “right to work” state, employees in Georgia cannot be required to join or pay dues to a union. An employer may deduct union dues from an employee’s wages only if that employee specifically makes such a request and the request cannot be irrevocable for more than one year. An employer may not negotiate any collective bargaining agreement that contradicts the “right to work” provisions. Any party who violates these provisions is guilty of a criminal misdemeanor and may be sued by any aggrieved individual for damages and an injunction.

Pay Transparency
Pay transparency laws that generally require employers to be transparent and equitable about sharing salary ranges and total compensation with job seekers and current employees are gaining steam in states across the U.S. Georgia has no statewide pay transparency laws, but could arise in the next legislative session. The city of Atlanta has a law, effective February 2019, that prohibits only city agencies from asking for salary histories on job applications.

Keep this list of the key Georgia employment laws on hand and make sure to check it whenever a legal question arises regarding an employee working in Georgia. First look at the federal legislation that covers the situation and then check this list to see if the State of Georgia has addressed the issue any differently. If so, apply the law that is more favorable to the employee.

If you have any questions ,feel free to contact our attorneys, Jay Rollins or Debra Schwartz by calling  404.844.4130.