Georgia employment law compliance requirements

Georgia allows courts to modify overly broad non-competes to make them enforceable (blue pencil doctrine).

O.C.G.A. § 13-8-50 et seq. · effective Jan 2020

Employers with 25 or more employees who provide paid sick leave must allow employees to use up to five days of that accrued leave per calendar year to care for an immediate family member. This law does not require employers to offer sick leave, but regulates how existing sick leave policies must operate.

O.C.G.A. § 34-1-10 · effective Jul 2017 · source

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers who lay off or separate 25 or more employees at one time, for the same reason and for an expected duration of seven days or more, must file a Mass Separation Notice (Form DOL-402) with the Georgia Department of Labor. This notice must be filed within 48 hours of the separation.

Ga. Comp. R. & Regs. r. 300-2-4-.11 · effective Jun 1983 · source

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Employers with six or more employees must pay a minimum wage of $5.15 per hour. However, because the federal Fair Labor Standards Act (FLSA) minimum wage of $7.25 per hour applies to most employers, the higher federal rate practically supersedes this state rate for covered employers.

O.C.G.A. § 34-4-3 · effective May 2002 · source

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employers must provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The employer must also provide a private location, other than a restroom stall, for this purpose, and cannot require the employee to use paid leave for these breaks.

O.C.G.A. § 34-1-10.1 · effective Aug 2020 · source

Non-compete agreements are enforceable only against certain categories of employees (such as key employees, professionals, or managers) and must be reasonable in time, geographic area, and scope of prohibited activities. A post-employment non-compete of two years or less is presumptively reasonable.

O.C.G.A. § 13-8-53 · effective May 2011

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990