---
title: Guide to employee benefits and HR rules in Georgia | PeopleKeep
description: If you employ people in Georgia, you need to know which employee benefits the Peach State requires. Get an overview of HR laws that are unique to Georgia.
image: https://www.peoplekeep.com/hubfs/Georgia-employee-benefits-and-HR-rules_featured.jpg
---

# Guide to employee benefits and HR rules in Georgia

As a human resources professional or private employer with employees in Georgia, you need to know which employee benefits and policies the Peach State requires.

Want to offer personalized benefits that work for your employees no matter where they live? Schedule a free consultation with a personalized benefits advisor.

[TALK TO SALES ](https://www.peoplekeep.com/contact-sales)

![Georgia-PeopleKeep](https://www.peoplekeep.com/hs-fs/hubfs/Georgia-PeopleKeep.png?width=800&height=800&name=Georgia-PeopleKeep.png "Georgia-PeopleKeep")

## Is your organization compliant with Georgia's employment and HR laws?

If you're based in Georgia or employ workers in Georgia, it's important to familiarize yourself with the state's benefits and HR compliance laws. This guide to HR laws in Georgia will provide a general overview of the laws you need to know.

### Topics covered in this guide include:

- [Why are an employee's rights in Georgia?](https://www.peoplekeep.com/resources/georgia-hr-compliance#what-are-an-employee's-rights-in-Georgia)
- [What are employers required to provide to Georgia employees?](https://www.peoplekeep.com/resources/georgia-hr-compliance#what-are-employers-required-to-provide-to-Georgia-employees)
- [Health insurance coverage in Georgia](https://www.peoplekeep.com/resources/georgia-hr-compliance#Health-insurance-coverage-in-Georgia)
- [Wage laws in Georgia](https://www.peoplekeep.com/resources/georgia-hr-compliance#Wage-laws-in-Georgia)
- [Other HR rules in Georgia](https://www.peoplekeep.com/resources/georgia-hr-compliance#other-hr-rules-in-Georgia)
- [Frequently asked questions](https://www.peoplekeep.com/resources/georgia-hr-compliance#FAQ)

## What are an employee’s rights in Georgia?

State and federal laws protect employee rights. If you currently have or plan to hire workers in the state, you must know what rights your employees have.

**Some Georgia-specific state rights include:**

- Right-to-work law
- At-will employment
- Whistleblower protection
- Background checks
- Equal pay
- Weapons in the workplace
- Immigration verification

## What are employers required to provide to Georgia employees?

In addition to what federal law requires, Georgia employment law mandates that employers must provide eligible employees with specific employee benefits and accommodations.

**Required benefits include:**

- Jury duty leave
- Voting leave
- Military leave
- Workers’ compensation insurance
- Breastfeeding breaks
- Unemployment benefits
- Healthcare continuation

**Georgia doesn’t require the following benefits:**

- Severance pay
- Disability insurance
- Retirement plans
- Meal breaks or rest breaks
- Domestic violence leave
- [Paid time off](https://www.peoplekeep.com/blog/what-is-pto) (PTO)
- Parental Leave
- Health insurance benefits

## Health insurance coverage in Georgia

Even if you aren’t required to provide health insurance to your employees, health benefits are an excellent way to attract and retain top talent, especially in a tight labor market. However, rising premium costs have made it challenging for small and medium size businesses to offer[ traditional group health insurance](https://www.peoplekeep.com/blog/pros-and-cons-of-group-health-insurance?hsLang=en).

But in Georgia,[ individual health insurance](http://analytics.ideonapi.com/veristat/hra/lowest-premiums-map/2023/) is cheaper on average than group coverage in every county. The chart below shows the difference in monthly premiums for Georgia’s five most populated counties.

| **County** | **27-year-old** | **50-year-old** |  |  |
| --- | --- | --- | --- | --- |
| **Group** | **Individual (silver plan)** | **Group** | **Individual (silver plan)** |  |
| Fulton, Gwinnett, Cobb, DeKalb, and Clayton counties | $369/month | $295/month | $629/month | $502/month |

Let's go over how you can take advantage of this.

### Health reimbursement arrangement (HRA)

A[ health reimbursement arrangement](https://www.peoplekeep.com/health-reimbursement-arrangement-hra?hsLang=en) (HRA) is an IRS-approved, employer-funded health benefit that allows you to reimburse your employees, tax-free, for their individual health coverage premiums and other[ qualifying medical expenses](https://www.peoplekeep.com/irs-502-eligible-expense-tool?hsLang=en).

With an HRA, you have complete control over your benefits budget while giving your employees more freedom to choose how they want to use their benefits.

Some HRAs, such as the[ individual coverage HRA](https://www.peoplekeep.com/individual-coverage-hra-ichra?hsLang=en) (ICHRA), can satisfy the federal requirements for[ applicable large employers](https://www.peoplekeep.com/health-benefits/applicable-large-employers?hsLang=en) (ALEs). This allows organizations of all sizes that offer an HRA to save money on their health benefits.

### Learn more about each HRA

### **QSEHRA**

*For employers with 1-49 employees*

 

A simple, controlled-cost alternative to group health insurance.

 

**[LEARN MORE](https://www.peoplekeep.com/product/qsehra)**

### **ICHRA**

*For employers of all sizes*

 

A flexible health benefit that can be used alone or alongside group health insurance.

 

**[LEARN MORE](https://www.peoplekeep.com/product/ichra)**

### **GCHRA**

*For employers offering group health insurance*

 

A group health supplement to help employees with out-of-pocket expenses.

 

**[LEARN MORE](https://www.peoplekeep.com/product/gchra)**

### Health stipend

A[ health stipend](https://www.peoplekeep.com/blog/health-insurance-stipends-pros-and-cons) is a fixed sum of money offered to your employees to help pay for their healthcare expenses. A health employee stipend isn't a formal group health plan, so you have complete control over which expenses are eligible for reimbursement.

This makes a health stipend an excellent option for small businesses looking to offer a health benefit that covers costs health insurance or HRAs may not cover, such as mental health expenses.

However, a stipend doesn’t satisfy the Affordable Care Act’s employer mandate, and all reimbursements are taxable for employers and employees.

### Learn all about employee stipends with our ultimate guide

[LEARN MORE ](https://www.peoplekeep.com/employee-stipends)

## Wage laws in Georgia

There are various federal and state laws you need to consider when it comes to setting employee wages in Georgia.

### Minimum wage laws

Georgia's minimum wage rate is $5.15 per hour. But employers must follow the federal minimum wage requirements of $7.25 per hour to comply with the[ Fair Labor Standards Act](https://www.dol.gov/agencies/whd/flsa) (FLSA).

Under federal law, employers with tipped employees in Georgia can claim a tip credit. This credit amounts to $5.12 per hour, which allows employers to pay tipped employees a minimum of $2.13 per hour. However, if the combined hourly wages and tips fall short of the regular rate of $7.25 per hour, the employer must cover the difference.

### Subminimum wage rate

The FLSA allows employers to pay subminimum wages to adults with disabilities if the disability impairs their productivity. Only employers with a certificate from the[ U.S. Department of Labor's Wage and Hour Division](https://www.dol.gov/agencies/whd/special-employment#:~:text=Subminimum%20Wage%20Provisions&text=Employment%20at%20less%20than%20the,the%20Wage%20and%20Hour%20Division.) can pay subminimum wages.

### Overtime hours

While Georgia has no overtime laws, federal law dictates that[ non-exempt employees](https://www.peoplekeep.com/blog/exempt-vs-non-exempt-employees) must receive an overtime rate of 1.5 times their regular pay for any hours worked beyond 40 in a single workweek.

**Certain occupations are **[**exempt**](https://codes.ohio.gov/ohio-revised-code/section-4111.03)** from overtime payment requirements. They include:**

- Employees of businesses that earn less than $150,000 in yearly gross sales
- Agricultural workers
- Casual babysitters
- Live-in caretakers
- Recreational camp staff
- Public employees
- Administrative, professional, or executive employees

### Payment of wages

In Georgia, employers typically pay employees [twice each month](https://www.jibble.io/labor-laws/us-state-labor-laws/georgia). There are exceptions for those in specific industries or positions who are paid monthly or annually.

### Final pay

Georgia has no law on final employee payments. However, federal law requires employers to pay out employees’ final paychecks on what would have been their next scheduled payday.

### Recordkeeping

Georgia[ law mandates](https://www.jibble.io/labor-laws/us-state-labor-laws/georgia) that employers keep employee records, including personal information, wages, and work history, for four years.

## Child labor standards in Georgia

In Georgia, there are several restrictions on the employment of minors. Children aged 12 to 16 can only work[ with an employment certificate](https://casetext.com/statute/code-of-georgia/title-39-minors/chapter-2-regulation-of-employment-of-minors/section-39-2-11-employment-certificates-required-requirements-for-issuance?tab=keyword&sort=relevance&type=statute&resultsNav=false) from a school, parent, or guardian. Minors older than 14 need a certificate to work on lawn care during school vacations. Additionally, children younger than 16 can't work near[ safety hazards](https://casetext.com/statute/code-of-georgia/title-39-minors/chapter-2-regulation-of-employment-of-minors/section-39-2-1-restrictions-on-employment-of-minors-under-16-years-of-age?tab=keyword&sort=relevance&type=statute&resultsNav=false) or in places like mills, factories, laundries, or workshops.

## Other HR rules in Georgia

There are a few other HR rules you need to be aware of in Georgia.

### Discrimination

| **Law** | **Summary** |
| --- | --- |
| [Georgia Fair Employment Practices Act](https://casetext.com/statute/code-of-georgia/title-45-public-officers-and-employees/chapter-19-labor-practices/article-2-fair-employment-practices/section-45-19-29-unlawful-practices-generally?tab=keyword&sort=relevance&type=statute&jxs=&resultsNav=false) | This law prevents public employers with 15 or more employees from discriminating based on race, color, religion, sex, age, national origin, or disability. |
| [Georgia Sex Discrimination in Employment Act](https://casetext.com/statute/code-of-georgia/title-34-labor-and-industrial-relations/chapter-5-sex-discrimination-in-employment) | This law is similar to the Equal Pay Act. The law prohibits gender-based discrimination in terms of equal pay for employees of the same organization. |
| [Georgia General Age Discrimination Law](https://casetext.com/statute/code-of-georgia/title-34-labor-and-industrial-relations/chapter-1-general-provisions/section-34-1-2-prohibition-of-age-discrimination-in-employment?tab=keyword&sort=relevance&type=statute&jxs=&resultsNav=false) | This law prohibits discrimination based on age for people between the ages of 40 and 70 as long as they can perform the assigned work. |
| [Georgia Equal Employment for Persons with Disabilities Code](https://casetext.com/statute/code-of-georgia/title-34-labor-and-industrial-relations/chapter-6a-equal-employment-for-persons-with-disabilities/section-34-6a-1-short-title?tab=keyword&sort=relevance&type=statute&jxs=&resultsNav=false) | This law prevents discrimination based on disability in terms of wages, hours, and conditions of employment unless the disability affects the individual's ability to perform the job duties. |
| [Atlanta ordinance](https://www.municode.com/library/ga/atlanta/codes/code_of_ordinances?nodeId=COORATGEVOII_CH94HURE) | This additional ordinance prohibits employment discrimination based on race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, or disability. |

### Preference for veterans

In Georgia, employers can use a written[ veteran's preference policy](https://casetext.com/statute/code-of-georgia/title-34-labor-and-industrial-relations/chapter-1-general-provisions/section-34-1-8-veterans-preference-employment-policy-use-not-a-violation?tab=keyword&sort=relevance&type=statute&jxs=&resultsNav=false) to hire, promote, or retain employees during a reduction in force without violating local or state equal employment opportunity laws.

### Polygraph testing

Federal and[ Georgia law](https://casetext.com/statute/code-of-georgia/title-51-torts/chapter-1-general-provisions/section-51-1-37-negligent-or-improper-administration-of-polygraph-examination-measure-of-damages?tab=keyword&sort=relevance&type=statute&jxs=&resultsNav=false)s both address the use of polygraph tests by employers, with limitations and potential consequences for examiners who administer them improperly. This includes the potential for recovering damages, fees, and costs.

### Multiracial classification

This[ law](https://casetext.com/statute/code-of-georgia/title-34-labor-and-industrial-relations/chapter-1-general-provisions/section-34-1-5-multiracial-classification-required-on-forms?tab=keyword&sort=relevance&type=statute&jxs=&resultsNav=false) mandates adding a "multiracial" option to all forms and documents related to employment that ask for racial or ethnic information.

### No smoking

Under the[ Smokefree Air Act,](https://casetext.com/statute/code-of-georgia/title-31-health/chapter-12a-georgia-smokefree-air-act-of-2005/section-31-12a-5-smoking-prohibited-in-enclosed-areas-within-places-of-employment-required-communications?tab=keyword&sort=relevance&type=statute&resultsNav=false) smoking isn’t allowed inside Georgia workplaces. Outdoor places of employment are exempt from this provision. Smoking areas designated by an employer must comply with the requirements set by the statute.

### Drug testing

Georgia doesn't have laws that prohibit employers from drug testing employees. Employers can terminate at-will employees who test positive on random drug tests.

If an employer has a drug-free workplace program, they can get a discount on workers' compensation insurance if the program meets the[ Georgia Drug-Free Workplace](https://casetext.com/statute/code-of-georgia/title-34-labor-and-industrial-relations/chapter-9-workers-compensation/article-11-drug-free-workplace-programs/section-34-9-411-definitions?tab=keyword&sort=relevance&type=statute&resultsNav=false) law's requirements. This can include drug testing for job applicants who receive a conditional job offer.

### Protection from defamation

If employers in Georgia disclose factual information about a current or former employee's job performance, they're[ protected from defamation.](https://casetext.com/statute/code-of-georgia/title-34-labor-and-industrial-relations/chapter-1-general-provisions/section-34-1-4-employer-immunity-for-disclosure-of-information-regarding-job-performance?tab=keyword&sort=relevance&type=statute&jxs=&resultsNav=false)

 FAQ

## Frequently asked questions

### Is it legal to work seven days a week in Georgia?

Yes. There are[ no specific regulations](https://www.mightyrecruiter.com/recruiter-guide/wage-hour-laws-georgia/) in Georgia regarding the maximum number of hours per week that an employee can work.

### Can an employer fire you without warning in Georgia?

Yes. Georgia is an at-will employment state, which means that employers can terminate employees at any time and for any reason without notice.

### Do you have to give two weeks' notice in Georgia?

No. At-will employees are not required to give notice. However, giving advance notice can help employers get an early start on hiring.

### What is the minimum wage in Georgia?

The minimum wage in Georgia is $5.15 per hour. However, most employers (those covered by FLSA) must pay their employees at least the federal minimum wage of $7.25 per hour.

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## Looking to enhance your benefits package?

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