BEST LAWYER - Key Persons

In 2024 the state of Georgia's minimum wage rate will remain set at $7.25 per hour in accordance with the Federal Fair Labor Standards Act. This rate supersedes the hourly wage set forth by the Georgia state law, which is currently set at $5.15. Certain employees may be exempted from this minimum wage requirement, such as tipped employees, who must earn a minimum wage of at least $2.13 per hour, and employees under the age of 20, who may be paid a training wage of $4.25 per hour during the first 90 days of employment. Full-time students are also eligible for an 85 percent reduction of the minimum wage in Georgia for up to 20 hours of work per week when school is in session. However, it is also important to note that counties, cities, and towns may have their own minimum wage laws in place, so employers should always be sure to check existing local regulations before setting a wage. As of now, there is no indication that the Georgia legislature plans to increase the state minimum wage in 2024 or beyond.

Under the Fair Labor Standards Act (FLSA), employees in Georgia must be paid overtime for any hours worked beyond 40 per week, unless they fall under one of the exemptions. For those who qualify for overtime rates, the pay rate is 1.5 times their regular hourly wage. Certain types of professionals are exempt from overtime requirements, such as executives, administrative staff, creative and learned professionals, computer staff, and outside sales personnel. Generally speaking, these workers must earn a salary of at least $684 per week in order to be eligible for exemption status. Highly compensated workers who make over $107,432 annually are also exempt from FLSA overtime rules. Exemptions do not apply to members of the "blue collar" workforce or other community workers, such as police officers, firefighters, rescue personnel, and paramedics. Additionally, the FLSA does not limit the number of overtime hours an employee aged 16 or older can work during a given week. Workers who use the Fluctuating Workweek Method cannot claim overtime wages either. When it comes to receiving overtime pay in Georgia, knowledge is power. By understanding the laws and regulations set forth by the federal government, employers and employees alike can ensure they remain compliant with existing labor laws.

Laws in regard to smoking not only maintain the right to clean air for non-smokers but also set regulations for how cigarette distribution to minors is handled. Smoking laws first arose when research showed that smoking causes health issues. Cancer of various body parts - the heart, lungs, and other vital organs - was soon found to also be caused by second-hand smoking along with personal smoking. Smoking laws also came as non-smokers desire to consume fresh air without the worry of health risks. Consequently, smoking is most often not allowed in most public buildings as well as government buildings. Georgia state laws have set guidelines for where employees are allowed to smoke and in which areas. Under these laws, smoking is only allowed in these specific areas. Signs for non-smoking are required to be posted in facilities. If a smoking law is broken a fine will be instituted. In Georgia, smoking laws disallow tobacco products to be sold to minors. Tobacco products include cigars, chewing tobacco, cigarettes, pipe tobacco, and any other product containing tobacco. Any business distributing tobacco to minors will be fined. In Georgia smoking laws also prohibit advertising tobacco products through the radio, television, and any other kind of media. No law currently prohibits tobacco products from being advertised on the Internet.

Georgia is one of many "employment-at-will" states, meaning employers have the right to terminate an employee's employment at any time for any reason, so long as it does not constitute discrimination or retaliation. Similarly, employees have the liberty to leave their jobs at any time and for any reason without facing legal repercussions. However, under state law, no employer may discharge an employee if their wages are subject to garnishment, for instance, due to taxes owed, unpaid child support, student loan payments, and other financial obligations.

The state of Georgia does not have laws in regard to paying an employee for any unused vacation time when he or she has been terminated from a position. Other states have laws for vacation payment, but Georgia law does not require it. Employers have the option of paying terminated employees unused vacation time but is not required. Some companies and businesses have policies that require this kind of payment and are obligated to pay any unused vacation time. A court order can require that a terminated employee receive his or her unpaid wages for unused vacation. This is only the case when a company has previously submitted a policy where these kinds of wages are required to be paid.