State labor laws in Georgia protect workers’ rights within the state. Employees in Georgia should look carefully at their individual state rights. This will tell an employee what rights they have in regards to their employment and work environment. The laws of the state outline the procedures employees can use to protect these rights.
In Georgia, there is no state law that determines how many hours an employee needs to work to be a full-time employee. Most companies will hold that 40 hours per week is full-time and less than that is part-time. Employees should reach out to their HR department to find out if they are considered full-time or part-time employees in the company.
Georgia’s state minimum wage is $5.15 per hour. However, state minimum wage cannot be lower than the federal minimum wage. So the federal minimum wage applies in Georgia and that is $7.25 per hour.
Georgia does not have its own overtime laws so it follows the Fair Labors Standards Act. It does not have any limits on mandatory overtime. So any employer can require that an employee work as many hours as they request.
Any employee that works over 40 hours per week is owed overtime pay. So in Georgia you can calculate overtime pay as one and a half times the regular paid hourly rate.
As of now, any employer that has more than 50 or more full-time employees must offer health insurance. This plan must cover at least 60% of typical health costs. But, these benefits are not owed to part-time employees.
It is important to note that the health insurance laws may change soon and employees should consult with a local lawyer in case of any new laws that pass.
If you have faced discrimination by an employer, you can file your complaint with either the Georgia Commission on Equal Opportunity or the Equal Employment Opportunity Commission. It is against the law in Georgia to punish an employee for filing a claim of discrimination.
If you are filing a claim, you have 180 days from the day the discrimination happened to file. You may also have to check your local city or county to see if there are local agencies you may have to file with first. If your case isn’t resolved by either of the commissions, you will be given a “right to sue” notice and you can then sue your employer for discrimination.
In Georgia, if you win you case you might be eligible for back pay, punitive damages and getting back any fees you paid your lawyer.
The federal Family and Medical Leave Act (FMLA) only covers employees that are employed by companies that have 50 or more employees and conduct business in multiple states. Under FMLA an employee is eligible for up to 12 weeks of unpaid leave, medical and health benefits during that leave and the right to go back to their job when they return. FMLA applies to workers that have worked at least 1,250 hours over a 12-month period so it could possibly cover part-time employees.
If you think you are not getting the basic rights and protections offered by your state's labor laws, then contact a local lawyer today.
Last Modified: 02-21-2017 02:06 AM PSTLaw Library Disclaimer
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