Georgia Employment Law 2026

Q1: What is employment law in Georgia?

Employment law in Georgia is the legal framework governing the relationship between employers and employees in the workplace. It encompasses federal statutes such as the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act, and other federal employment laws, supplemented by limited Georgia state laws. Employment law covers wages and hours, discrimination protections, workplace safety, employee benefits, hiring and termination practices, and employer compliance obligations. In Georgia, most employment protections come from federal law, as the state has fewer independent employment statutes compared to some other states.

Q2: What is the difference between labor law and employment law in Georgia?

Employment law is the broader legal framework governing individual employer-employee relationships, including wages, discrimination, safety, and benefits. It applies to nearly all workers. Labor law is a subset of employment law that specifically addresses union organizing, collective bargaining, labor-management relations, and workers’ rights to organize. Labor law primarily applies in unionized workplaces or when workers seek union representation. Georgia is a Right-to-Work state, meaning workers cannot be required to join unions or pay union dues as a condition of employment, but this does not eliminate at-will employment or other employment law protections.

Q3: Is Georgia an at-will employment state?

Yes, Georgia follows the employment-at-will doctrine. According to O.C.G.A. § 34-7-1, employment contracts are presumed to be terminable at will by either party unless a specific contract provides otherwise. This means employers can generally terminate employees at any time for any lawful reason or no reason at all, and employees can resign at any time. However, important exceptions exist: employers cannot terminate employees for illegal discrimination, retaliation for filing complaints, whistleblowing, military service, jury duty, or other protected activities. Employers cannot violate specific employment contracts or clearly established public policy.

Q4: What is the minimum wage in Georgia in 2026?

Georgia’s state minimum wage is $5.15 per hour under O.C.G.A. § 34-4-3, but the federal minimum wage of $7.25 per hour applies to most employers and employees. According to the Georgia Department of Labor, most employers in Georgia are required to follow the federal minimum wage rate because it is more stringent than state law. The federal minimum wage applies to employers with at least $500,000 in annual sales or those engaged in interstate commerce, which covers the majority of employers. Some exceptions allow lower wages for tipped employees (minimum $2.13 per hour direct wages if tips bring total to $7.25), youth workers under 20 during first 90 days ($4.25 per hour), and certain other limited categories.

Q5: Does Georgia require overtime pay?

Yes, Georgia employers must comply with federal overtime requirements under the Fair Labor Standards Act. Non-exempt employees must receive overtime pay at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. Georgia does not have state-specific overtime laws beyond the federal requirements, and unlike some states, Georgia does not require daily overtime (such as overtime after 8 hours in a single day). Certain employees are exempt from overtime requirements, including executive, administrative, professional, computer, and outside sales employees who meet specific salary and duties tests established by federal regulations.

Q6: Does Georgia require meal breaks or rest breaks?

No, neither Georgia law nor federal law requires employers to provide meal breaks or rest breaks to adult employees. According to the Georgia Department of Labor, providing breaks is discretionary with the employer. However, when employers do choose to provide breaks, federal law requires payment for short breaks (typically 5 to 20 minutes), which are considered compensable work time. Meal periods of 30 minutes or longer may be unpaid if the employee is completely relieved from duty and not required to perform work. While not required, many employers voluntarily provide breaks as a matter of policy or business practice.

Q7: What are my employee rights in Georgia?

Georgia employees have extensive rights under federal law, including the right to receive at least minimum wage ($7.25 per hour federal) for all hours worked, overtime pay at time-and-a-half for hours over 40 per week if non-exempt, freedom from discrimination based on race, color, religion, sex, national origin, age (40+), disability, and genetic information under federal civil rights laws. Employees have the right to a workplace free from harassment, retaliation protection when reporting violations or discrimination, reasonable accommodations for disabilities and religious beliefs, Family and Medical Leave Act protections if eligible, and workplace safety protections under OSHA. Workers’ compensation coverage for work-related injuries is also provided. State government employees have additional protections under the Georgia Fair Employment Practices Act.

Q8: Can my employer fire me for any reason in Georgia?

Generally yes, due to Georgia’s at-will employment doctrine, but with important exceptions. Employers cannot terminate employees for illegal reasons including discrimination based on protected characteristics (race, color, religion, sex, national origin, age 40+, disability, genetic information), retaliation for filing discrimination complaints, workers’ compensation claims, wage complaints, or safety complaints, whistleblowing protected by law, exercising rights under FMLA or other leave laws, military service under USERRA, or jury duty. Employers also cannot violate specific employment contracts if they exist. While Georgia is at-will, these federal and limited state protections create significant exceptions to the general rule. Employees who believe they were terminated for illegal reasons may consult with an employment attorney or file complaints with appropriate agencies.

Q9: How do I file a discrimination complaint in Georgia?

For private sector employment discrimination, file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the discrimination (extended to 300 days in certain circumstances). Contact the EEOC Atlanta District Office at 1-800-669-4000 or visit https://www.eeoc.gov/how-file-charge-employment-discrimination. For state government employment, Georgia state employees can file with the Georgia Commission on Equal Opportunity (GCEO) within 180 days. Contact GCEO at (404) 656-1736 or 1-800-473-6736, or visit https://gceo.georgia.gov/. The EEOC handles complaints about race, color, religion, sex, national origin, age (40+), disability, and genetic information discrimination. Filing deadlines are strict, so prompt action is essential to preserve your rights.

Q10: Can I request remote work as a reasonable accommodation in Georgia?

Potentially yes, under federal law. The Americans with Disabilities Act requires employers to provide reasonable accommodations for known disabilities unless doing so would create undue hardship. Remote work may be a reasonable accommodation if the employee has a qualifying disability, remote work would enable the employee to perform essential job functions, the job can be effectively performed remotely, and remote work would not create undue hardship for the employer. Employers must engage in an interactive process to evaluate whether remote work is feasible. Factors considered include whether essential functions can be performed remotely, whether in-person interaction is required, availability of technology, supervision feasibility, and impact on operations. Each request is evaluated individually. Remote work may also be requested as accommodation for pregnancy-related limitations under the Pregnant Workers Fairness Act.

Q11: What are employer obligations in Georgia?

Georgia employers must comply with numerous federal and state requirements including paying at least federal minimum wage ($7.25/hour) and overtime when required, completing Form I-9 and verifying employment eligibility for all employees, using E-Verify if they have more than 10 employees (Georgia law), reporting new hires to Georgia New Hire Reporting Center within 10 days, posting required federal and state workplace notices, maintaining required employment records for specified retention periods, providing workers’ compensation insurance coverage (employers with 3+ employees), complying with anti-discrimination laws in all employment decisions, responding to reasonable accommodation requests through interactive process, following OSHA workplace safety standards, allowing FMLA leave when applicable (employers with 50+ employees), and filing required tax and employment reports. Employers must also refrain from retaliation against employees who exercise their rights.

Q12: What workplace posters are required in Georgia?

Georgia employers must display several federal workplace posters in conspicuous locations where employees can easily see them. Required federal posters include Fair Labor Standards Act (FLSA) minimum wage poster, Equal Employment Opportunity (EEO) “EEO is the Law” poster (employers with 15+ employees), OSHA Job Safety and Health poster (most private employers), Employee Polygraph Protection Act poster (all private employers), Family and Medical Leave Act poster (employers with 50+ employees within 75 miles), USERRA notice regarding military service members’ rights (all employers), and Employee Rights Under NLRA poster if applicable. Additionally, employers covered by workers’ compensation must post required state notices. All federal posters are available free from the respective agency websites. Employers may check for updated versions annually and post in both English and Spanish where appropriate. The posters are required to be in locations accessible to all employees, including remote workers who may receive electronic access.

Q13: What are the record retention requirements for Georgia employers?

Federal law requires Georgia employers to maintain various employment records for specific periods. Under the Fair Labor Standards Act, payroll records must be kept for 3 years, and time cards and wage computation records for 2 years. Records must include employee names, addresses, birth dates (if under 19), hours worked, wages paid, and deductions. Equal Employment Opportunity records including applications and personnel records must be maintained for 1 year after termination. OSHA injury and illness records must be kept for 5 years. Form I-9 employment eligibility verification forms must be retained for 3 years after hire or 1 year after termination, whichever is later. FMLA records must be kept for 3 years. Tax records are typically retained for at least 4 years. Medical information must be kept confidential and separate from general personnel files. Employers may establish systematic recordkeeping procedures to ensure compliance with all applicable retention requirements.

Q14: Does Georgia require paid sick leave?

No, Georgia does not have a state law requiring employers to provide paid sick leave to employees. There is also no federal law requiring private sector employers to provide paid sick leave. Whether employees receive paid sick leave is determined by employer policy, employment contracts, collective bargaining agreements (if applicable), or employee handbooks. Many employers voluntarily offer paid sick leave as a benefit, but they are not legally required to do so in Georgia. Employers who choose to offer paid sick leave may document their policies clearly and apply them consistently. The federal Family and Medical Leave Act provides eligible employees with unpaid, job-protected leave for serious health conditions, but this is different from paid sick leave and applies only to employers with 50 or more employees.

Q15: What protections do remote workers have in Georgia?

Remote workers in Georgia have the same employment law protections as traditional office workers. All federal employment laws apply regardless of work location, including minimum wage and overtime requirements under FLSA (employers must track hours and pay overtime for non-exempt remote workers), anti-discrimination protections under Title VII, ADA, ADEA, and other civil rights laws, the right to request reasonable accommodations including remote work as accommodation for disabilities or pregnancy-related limitations, FMLA protections if eligible (same eligibility requirements apply), workplace safety protections (though application may differ for home offices), and protection from retaliation for exercising employment rights. Employers must ensure wage and hour compliance for remote workers, provide necessary equipment or reimburse expenses as required by policy, protect confidential information and data security, and engage in interactive process for accommodation requests. Remote work arrangements do not diminish employee protections, and remote work status cannot be used as basis for discrimination or adverse employment actions.

Q16: How long do I have to file a workplace discrimination complaint?

Filing deadlines are strict and vary by type of complaint. For federal employment discrimination claims (race, color, religion, sex, national origin, age, disability, genetic information), charges must be filed with the EEOC within 180 days from the date of discrimination, which may be extended to 300 days in states with employment discrimination laws. For Georgia state government employment discrimination, file with the Georgia Commission on Equal Opportunity within 180 calendar days. For wage and hour violations, there is no specific administrative filing deadline, but file as soon as possible because lawsuits typically have a 2-year statute of limitations (3 years for willful violations). For OSHA safety complaints including retaliation, file within 30 days. For workers’ compensation, report injuries immediately and file claims within 1 year. Missing these deadlines can result in losing the right to pursue a claim, so prompt action is critical. If unsure, contact the appropriate agency immediately to preserve rights.

Q17: What should I do if my employer hasn’t paid me?

If your employer has not paid wages owed, take these steps: First, document all unpaid wages including dates worked, hours worked, pay rate, and amounts owed, and keep pay stubs, time records, and any written communications. Second, raise the issue with your employer or payroll department in writing to create a record. Third, if the issue is not resolved, file a complaint with the U.S. Department of Labor Wage and Hour Division by calling 1-866-487-2365 or visiting https://www.dol.gov/agencies/whd/contact/complaints. The Wage and Hour Division will investigate and work to recover unpaid wages. Fourth, you can file a claim in small claims court (Magistrate Court) in the county where the employer is located, though you will need to pay a filing fee that may be recoverable if you win. Fifth, consult an employment attorney about potential legal action. Under the Fair Labor Standards Act, employees must be paid at least minimum wage for all hours worked and overtime when applicable. Keep detailed records throughout the process.

Q18: Can my employer require me to return to the office if I’ve been working remotely?

Generally yes, in Georgia’s at-will employment environment. Employers have the right to change work location requirements and can implement return-to-office (RTO) policies for business reasons. However, important exceptions exist. Employers cannot require return to office if remote work is a required reasonable accommodation under the ADA or Pregnant Workers Fairness Act. Employers must continue to engage in the interactive process for accommodation requests. Additionally, employers cannot implement RTO policies in a discriminatory manner or in violation of specific employment contracts if they exist. If you have been working remotely as an accommodation for a disability or other protected reason, inform your employer and request continuation of the accommodation. The temporary remote work during the pandemic does not automatically establish that remote work is reasonable or required for all positions. Employers may provide adequate notice of policy changes and consider accommodation requests on an individual basis.

Q19: What is the difference between an employee and an independent contractor in Georgia?

The distinction between employees and independent contractors is determined by federal law using multiple factors. Employees are subject to the employer’s control over how work is performed, are economically dependent on the employer, work as an integral part of the employer’s business, and receive benefits, tax withholding, and employment law protections. Independent contractors generally control how they perform their work, are in business for themselves, work for multiple clients, provide their own tools and equipment, and do not receive employment protections or benefits. Misclassification has serious consequences including unpaid overtime, missing benefits, incorrect tax treatment, and lack of employment law protections. The U.S. Department of Labor uses an economic reality test under the Fair Labor Standards Act to evaluate worker classification. If you believe you have been misclassified, you can file a complaint with the DOL Wage and Hour Division or consult an employment attorney.

Q20: Do Georgia employers have to provide COBRA continuation coverage?

COBRA (Consolidated Omnibus Budget Reconciliation Act) is a federal law that may require employers to offer continuation of group health insurance coverage. COBRA applies to private sector employers with 20 or more employees and requires offering continuation coverage to employees and their families when they lose coverage due to certain qualifying events including termination of employment (except for gross misconduct), reduction in hours, death of employee, divorce or legal separation, employee becoming entitled to Medicare, or dependent child losing dependent status. Coverage must be offered for 18 to 36 months depending on the qualifying event. Employees must pay the full premium plus a 2% administrative fee. Employers must provide COBRA notices within specific timeframes and maintain coverage for eligible individuals who elect it. Smaller employers with fewer than 20 employees are not subject to federal COBRA but may be subject to state continuation requirements if any exist. Consult the U.S. Department of Labor for detailed COBRA requirements at https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/cobra.