Georgia HR Consulting & Employment Law for Small Businesses

Georgia Restrictive Covenants Act

Georgia's 2011 Restrictive Covenants Act significantly improved enforcement of non-compete agreements. Courts must enforce reasonable agreements protecting legitimate business interests (trade secrets, confidential information, customer relationships) and may judicially modify overly broad agreements rather than voiding them entirely.

Workers' Compensation

Georgia employers with 3 or more employees must carry workers' compensation insurance. Most employees (with limited exceptions for agricultural and domestic workers) are covered. The State Board of Workers' Compensation oversees claims and administration.

Georgia New Hire Reporting

Georgia employers must report all new and rehired employees to the Georgia New Hire Reporting Program within 10 days of the hire date. Reports must include employee name, SSN, address, and employer information. Failure to report can result in civil penalties.

Georgia Right-to-Work Law

Georgia is a right-to-work state, meaning employees cannot be required to join a union or pay union dues as a condition of employment. This gives Georgia employers more flexibility in labor relations compared to non-right-to-work states.

1+ Employees: employees

• Federal minimum wage applies (Georgia defers to federal baseline)
• Workers' comp required at 3+ employees
• New hire reporting required within 10 days
• At-will employment broadly recognized

15+ Employees: employees

• Georgia Fair Employment Practices Act anti-discrimination protections for state employers
• Federal Title VII, ADA, and ADEA apply to private employers

50+ Employees: employees

• Federal FMLA applies (12 weeks unpaid)
• ACA employer mandate
• COBRA obligations

What is the minimum wage in Georgia?

Georgia technically has a state minimum wage set below the federal rate, which means the federal minimum wage of $7.25/hour is the applicable floor for most employers. Employers with gross sales over $500,000 must pay the federal minimum wage.

Does Georgia require paid sick leave or paid family leave?

Georgia has no statewide paid sick leave or paid family leave mandate for private employers. Employers set their own leave policies subject to what they state in their employee handbook. Federal FMLA provides 12 weeks of unpaid leave for eligible employees of covered employers.

Are non-competes enforceable in Georgia?

Yes. Georgia's 2011 Restrictive Covenants Act provides a clear framework for enforcing non-competes protecting legitimate business interests. Courts can judicially modify overly broad agreements and apply a 2-year presumptive reasonable duration for post-employment restrictions.

How many employees must a Georgia employer have before workers' comp is required?

Georgia employers with 3 or more employees must carry workers' compensation insurance. Most industries are covered, with limited exceptions for agricultural and domestic workers. Out-of-state employers with Georgia employees must also carry Georgia workers' comp.

Is Georgia an at-will employment state?

Yes, broadly. Georgia recognizes at-will employment with fewer court-created exceptions than many other states. Employers can terminate for any lawful reason without advance notice, though documenting the business reason is always recommended to defend against discrimination or retaliation claims.

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