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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Georgia does not have any laws requiring an employer to provide a meal period or breaks
to employees, thus the federal rule applies. The federal rule does not require an employer
to provide either a meal (lunch) period or breaks. However, if an employer chooses to do
so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch
periods (usually 30 minutes or more) do not need to be paid, so long as the employee is
free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.
Georgia does not have any laws requiring an employer to provide a meal period or breaks
to employees, thus the federal rule applies. The federal rule does not require an employer
to provide either a meal (lunch) period or breaks. However, if an employer chooses to do
so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch
periods (usually 30 minutes or more) do not need to be paid, so long as the employee is
free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.
Vacation
In Georgia, employers are not required to provide employees with vacation benefits, either
paid or unpaid. If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Shannon v.
Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
An employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they are terminated.
See Ryvos v. St. Mary’s Hospital, 393 S.E.2d 739, 195 Ga. App. 474 (1990); Shannon v.
Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Amoco Fabrics & Fibers Co. v. Ray, 510 S.E.2d 591,
235 Ga. App. 821 (1998).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Shannon v. Huntley’s Jiffy Store, Inc.,
329 S.E.2d 208, 174 Ga. App. 125 (1985).
Georgia’s Legislature and its courts are silent regarding whether an employer must pay an
employee for accrued vacation upon separation from employment if the policy or contract is
silent regarding the matter. However, because of the contractual emphasis Georgia courts
place on vacation policies, it is unlikely an employer would be obligated to pay an employee
accrued vacation upon separation from employment if its policy or contract is silent
regarding the matter, unless the employer has a practice of doing so.
Although Georgia’s Legislature and its courts are silent regarding the matter, it is likely an
employer may cap the amount of vacation leave an employee may accrue over time. See
Shannon v. Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See Shannon v. Huntley’s Jiffy Store,
Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
In Georgia, employers are not required to provide employees with vacation benefits, either
paid or unpaid. If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Shannon v.
Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
An employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they are terminated.
See Ryvos v. St. Mary’s Hospital, 393 S.E.2d 739, 195 Ga. App. 474 (1990); Shannon v.
Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Amoco Fabrics & Fibers Co. v. Ray, 510 S.E.2d 591,
235 Ga. App. 821 (1998).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Shannon v. Huntley’s Jiffy Store, Inc.,
329 S.E.2d 208, 174 Ga. App. 125 (1985).
Georgia’s Legislature and its courts are silent regarding whether an employer must pay an
employee for accrued vacation upon separation from employment if the policy or contract is
silent regarding the matter. However, because of the contractual emphasis Georgia courts
place on vacation policies, it is unlikely an employer would be obligated to pay an employee
accrued vacation upon separation from employment if its policy or contract is silent
regarding the matter, unless the employer has a practice of doing so.
Although Georgia’s Legislature and its courts are silent regarding the matter, it is likely an
employer may cap the amount of vacation leave an employee may accrue over time. See
Shannon v. Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See Shannon v. Huntley’s Jiffy Store,
Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
Sick Leave
In Georgia, employers are not required to provide employees with sick leave, either paid or
unpaid. See GA Dept. of Labor FAQ: Sick Leave. If an employer chooses to provide sick
leave benefits, it must comply with the terms of its established policy or employment
contract.
An employer in Delaware may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
In Georgia, employers are not required to provide employees with sick leave, either paid or
unpaid. See GA Dept. of Labor FAQ: Sick Leave. If an employer chooses to provide sick
leave benefits, it must comply with the terms of its established policy or employment
contract.
An employer in Delaware may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Severance
Georgia law does not require employers to provide employees with severance pay. Dept. of
Labor FAQ: Severance. If an employer chooses to provide severance benefits, it must
comply with the terms of its established policy or employment contract.
Georgia law does not require employers to provide employees with severance pay. Dept. of
Labor FAQ: Severance. If an employer chooses to provide severance benefits, it must
comply with the terms of its established policy or employment contract.
Holidays
Georgia law does not require employers to provide employees with either paid or unpaid
holiday leave. In Georgia, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Georgia law does not require employers to provide employees with either paid or unpaid
holiday leave. In Georgia, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Georgia's current minimum wage rate is $5.15. GA Code § 34-4-3. Some exceptions
apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Georgia, the federal
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than state law.
Georgia's current minimum wage rate is $5.15. GA Code § 34-4-3. Some exceptions
apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Georgia, the federal
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than state law.
Overtime
Georgia does not have laws governing the payment of overtime. GA Dept. of Labor FAQ.
Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime
requirements.
Georgia does not have laws governing the payment of overtime. GA Dept. of Labor FAQ.
Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime
requirements.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
Georgia law makes it illegal for an employer to discharge, discipline, or otherwise penalize
an employee for taking leave for the purposes of attending a judicial proceeding in
response to a subpoena, summons for jury duty, or other court order. It is also illegal for an
employer to threaten an employee with discharge, discipline, or any other adverse
employment action for taking leave for the purposes of attending a judicial proceeding in
response to a subpoena, summons for jury duty, or other court order. GA Code 34-1-3.
Georgia does not have any laws governing an employer's obligation to provide paid leave
for an employee to perform jury service. Thus, an employer would not be required to pay an
employee for responding to a jury summons or for serving on a jury.
Georgia law makes it illegal for an employer to discharge, discipline, or otherwise penalize
an employee for taking leave for the purposes of attending a judicial proceeding in
response to a subpoena, summons for jury duty, or other court order. It is also illegal for an
employer to threaten an employee with discharge, discipline, or any other adverse
employment action for taking leave for the purposes of attending a judicial proceeding in
response to a subpoena, summons for jury duty, or other court order. GA Code 34-1-3.
Georgia does not have any laws governing an employer's obligation to provide paid leave
for an employee to perform jury service. Thus, an employer would not be required to pay an
employee for responding to a jury summons or for serving on a jury.
