Georgia

An employment law attorney in Georgia is experienced in representing employees in legal matters related to the workplace. They provide counsel on various issues, including discrimination, sexual harassment, wage and hour disputes, wrongful termination, and contract negotiations.

At Barrett & Farahany, we protect our client’s rights under state and federal employment laws, offering guidance and representation in both litigation and non-litigation matters.

Georgia is an “at-will” employment state, which means that employers can terminate employees for any reason, or no reason at all, as long as the termination does not violate any state or federal laws.

Despite the broad discretion given to employers under at-will employment, employees are still protected from wrongful termination under specific circumstances. For instance, it is illegal for an employer to fire someone based on race, color, religion, sex, national origin, age, disability, or genetic information.

Employees who believe they have been wrongfully terminated may seek legal recourse to challenge the termination and potentially receive compensation for damages.

Wrongful termination in Georgia occurs when an employee is fired for reasons that violate state or federal laws. This includes terminations based on discriminatory factors such as race, gender, religion, age, disability, or national origin.

Additionally, it is illegal to terminate an employee in retaliation for reporting workplace violations, participating in investigations, or exercising their legal rights, such as taking family or medical leave.

Other wrongful termination instances can involve employment contract violations or public policy. For example, if an employment contract stipulates specific conditions for termination and those conditions are not met, the termination may be deemed wrongful.

Similarly, firing an employee for refusing to engage in illegal activities or for performing a civic duty, such as jury duty, can also constitute wrongful termination. Employees who face such situations should consult with an employment attorney in Georgia to explore their legal options.

Georgia labor laws do not mandate specific break periods for employees. Unlike some states, Georgia does not have statutes requiring employers to provide meal or rest breaks. This means that, in general, employers are not legally obligated to give their employees any breaks during their work shifts. However, federal law under the Fair Labor Standards Act (FLSA) provides guidelines for breaks if employers choose to offer them.

Under the FLSA, short breaks lasting about 5 to 20 minutes are considered compensable work hours and must be paid. Meal breaks, typically lasting 30 minutes or more, are not required to be paid as long as the employee is completely relieved of duties.

While Georgia law does not require breaks, many employers voluntarily provide them to maintain employee morale and productivity. Employees should review their company’s break policies and discuss any concerns with their employer.

As of now, the state minimum wage in Georgia is set at $5.15 per hour, which is lower than the federal minimum wage of $7.25 per hour.

However, most employees in Georgia are entitled to the federal minimum wage due to the Fair Labor Standards Act (FLSA). This means that unless a specific exemption applies, employers in Georgia must pay their employees at least $7.25 per hour.

Certain exceptions to this rule may include tipped employees, full-time students, and employees with disabilities, who may be paid a lower wage under specific conditions.

If employees feel they are being paid less than the required minimum wage, they should seek guidance from an employment attorney in Georgia.

Yes, under federal law (the Fair Labor Standards Act), non-exempt employees are entitled to overtime pay at 1.5 times their regular hourly rate for any hours worked over 40 in a workweek. Georgia does not have state-specific overtime laws, so the federal standard applies. 

Employees are not entitled to overtime pay under FLSA when their job duties typically fall under executive, administrative, professional, or outside sales categories, and they meet specific salary requirements based on their primary responsibilities. Examples of exempt positions:

• CEOs and senior executives
• Managers overseeing large departments
• Lawyers
• Doctors
• Accountants
• Creative professionals like designers and writers

Yes, Georgia law allows employers to implement drug testing policies. However, policies must comply with state laws, particularly if testing is tied to workers’ compensation or other benefits.