Hiring

Advertising

What are the requirements relating to advertising open positions?

There are no Georgia-specific requirements relating to advertising an open position.

Background checks

(a)Criminal records and arrests

Georgia requirements are generally the same as those under federal law. The federal Fair Credit Reporting Act may apply. Additionally, Georgia’s First Offender Law provides that the discharge of a criminal conviction shall not be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector. Thus, if an applicant or employee has a conviction and has been granted first offender status by the courts, that conviction should not be used to disqualify the applicant or employee from continued employment.

(b)Medical history

Georgia requirements are generally the same as those under federal law. The federal Americans with Disabilities Act and Genetic Information Non-discrimination Act may apply.

(c)Drug screening

Drug tests are generally allowed for the standard reasons (pre-employment, reasonable suspicion, random, post-accident) but, if an employer wants to obtain workers’ compensation premium discounts, the employer must follow certain rules regarding drug testing and implement a drug-free workplace program.

(d)Credit checks

Georgia requirements are generally the same as those under federal law. The federal Fair Credit Reporting Act may apply.

(e)Immigration status

Federal law controls when it comes to immigration law. Georgia does require that employers with more than 11 employees use E-Verify.

(f)Social media

None.

(g)Other

None.

Wage and hour

Pay

What are the main sources of wage and hour laws in your state?

The Georgia Minimum Wage Law. O.C.G.A. § 34-4-1 et seq.

What is the minimum hourly wage?

Generally, Georgia employers must pay employees the federal minimum wage. However, employees exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act are nonetheless covered by Georgia’s Minimum Wage Law, which requires employers to pay employees a minimum hourly rate of $5.15.

What are the rules applicable to final pay and deductions from wages?

Georgia does not have laws concerning final pay and, therefore, employers should provide the final paycheck on the next scheduled payday. Georgia law does not have any laws concerning deductions from wages, so employers should refer to the federal Fair Labor Standards Act.

Hours and overtime

What are the requirements for meal and rest breaks?

Georgia’s requirements are generally the same as those under federal law, except that employers must provide paid breaks of reasonable duration for employees to express breast milk during working hours.

What are the maximum hour rules?

The same as those under federal law.

How should overtime be calculated?

The same as those under federal law.

What exemptions are there from overtime?

The same as those under federal law.

Record keeping

What payroll and payment records must be maintained?

The same as those under federal law.