Georgia Labor Law Primer
The practice of labor and employment law, or labor law as it is often referred to, generally encompasses the areas of the relationship between the employer and his employee or employees, often in the context of a unionized workforce. Labor law sets out the obligations and rights each party has to the other under state or federal law. Georgia law (as well as Alabama law) is heavily based on common law, which means a judge substantially relies on precedent for his or her decision in a case. In this way, a common law state can be more predictable, but also has the potential for unpredictability in certain areas of its law. Federal law not only imposes standardization in certain areas of labor law, but also provides a lot of guidance as to how the federal courts will interpret any given law.
The first area that employers should know about is the Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination and harassment based on an employee or applicant’s protected characteristics, such as race, gender, color, national origin, religion, pregnancy, age (40 years and older), or disability. The law applies to any employer with 15 or more employees working 20 or more calendar weeks in a year. Title VII does not cover independent contractors and does not apply to the discriminatory action unless the employer is the victim’s actual employer. The law is enforced by the U.S. Equal Opportunity Employment Commission .
Georgia is a Right-to-Work state, which means there can be union activities in the state, but it cannot impose contractual obligations on workers. In other words, employees can’t be required to join the union. Further, to the extent that the employer and the union agree to a "closed shop" provision in a contract, it would have no penalty for violation in Georgia. Georgia does not prohibit employees from becoming a member of a union or otherwise participating in union activity.
The National Labor Relations Act (NLRA) governs labor relations for employees working in the private sector. It only applies to employees of a private sector employer, meaning employees of local, state, conditional, or federal government entities are not covered. Further, it applies to employees who are eligible to vote for a union, such as permanent employees, but not temporary employees. The NLRB is the agency concerned with the enforcement of the NLRA and making decision on disputes that arise under it.
From an employee’s perspective, labor law is concerned with protecting them against unfair actions of their employer. It provides certain rights to the employee, such as the right to join or not join a union, right to fair treatment when the employee requests certain benefits, like leave for family medical reasons, and the right not to be retaliated against for complaining about unsafe working conditions or violations of the law.
When To Hire A Labor Law Attorney
There are a number of circumstances in the workplace when it is critical to speak with a labor law attorney. You should always speak to an attorney when you are about to sign any contract. If you are terminated or laid off, they can give you guidance on how to proceed. When you suspect that your workplace rights are being violated, you need to talk to them.
Discrimination is rampant in the workplace. Unfortunately it can come from anywhere: supervisors, co-workers, clients, vendors, etc. Sometimes it is even subtle and you should never assume that you know what will happen when you complain about discrimination. Do not count on the Human Resource Department to handle your complaint as well. Many times, they are simply a front to make HR look like they are doing their job. This is especially true when the HR Department is making personnel decisions, or if a supervisor is implicated. Here are a few things you should know:
Wage and Hour is an area of constant change. The laws are constantly changing or being overturned and re-interpreted. A labor law attorney is an important asset in dealing with pay disputes, but more importantly, they are the only ones who can help you when an employer refuses to pay wages that you are owed. Many times the employer will make the unilateral decision to withhold pay for illegitimate reasons. However, the only way to try to get that money back is through the Department of Labor or Civil Lawsuit.
Wrongful termination can be a tricky subject. Wrongful termination is a "catchall" phrase for any termination where the employer did not act according to the law. It typically encompasses a number of different titles, such as retaliatory termination, discrimination, harassment, breach of contract, etc. A specialized attorney is necessary to help you navigate the waters and take the appropriate legal actions needed to recover damages.
How To Select A Labor Law Attorney
How to Choose a Labor Law Attorney in Georgia
Finding the right labor law attorney for your case is crucial in ensuring your employment rights are protected. It’s important to choose an attorney who has both the necessary experience and the right approach for your specific legal issue. Be sure to take the time to interview multiple attorneys and thoroughly review their experience and case history before making your choice. You want to ensure that they have handled cases similar in nature to yours, and also have a solid base of experience with litigation, if it is likely your case will end up in court.
Some of the factors to consider when choosing an attorney for labor law cases include:
Experience and specialization
Reputation
Client reviews
Fluidity in the area of your specific legal issue
Availability
Personality
Fee structure
Asking to speak with previous clients who have similar cases can also allow you to find out more about the lawyer and how the process went for those individuals. Try to schedule meetings with more than one labor law attorney so you can compare your options and make the most informed decision possible.
Georgia Workers Rights
Additionally, workers in Georgia have the right to be paid at least the minimum wage. The current minimum wage is $5.15 per hour. In 2006 the minimum wage is supposed to increase to $5.85 per hour. While you may be required to work more than forty hours per week, your employer must compensate you by using either overtime pay or paying it forward by compensating you with comp time. Overtime pay is generally set at one and a half time the regular rate of pay and is due if you work any time over forty hours in a week. Comp time is similar to overtime pay , except you receive extra time off from work.
Georgian laws also protect the safety of citizens while they are at work. General protection laws require that employers keep their workplace safe, neat, and free from hazards. Employers must repair defective equipment and machinery, properly mark areas where safety equipment is required, and give you notice of any areas where bonding or grounding is needed. Employers can be held responsible for your injury, loss of work, or medical bills if you are injured in a situation where they have not protected your well-being.
Why You Want A Local Attorney
A labor lawyer familiar with the nuances of labor law in Georgia is beneficial for any business. Having someone familiar with the law makes it more likely that your rights will be protected after an accusation or incident. With the help of a labor law attorney, you can feel confident that your legal matters will be handled fairly and correctly.
You Need Someone Familiar with Georgia Law
An attorney who is familiar with Georgia law can save you time. Labor law cases are complicated, and Georgia has specific labor laws that may not be found anywhere else. Familiarity with Georgia’s laws will allow your attorney to save time by avoiding a great deal of research. When your attorney doesn’t have to spend a lot of time researching the law, you will save money. Any lawyers that you employ should be familiar with the laws of the state where you live. If you live in Atlanta, for instance, you need someone experienced in helping companies in the metro Atlanta area. You shouldn’t hire a lawyer based in another state or city. The cost of this might be tremendous, as you would spend a lot of time on the phone and online trying to get information about your case and providing your attorney with information he or she needs.
Staying Local Can Save Your Money
It’s important to realize that you can avoid spending a lot of money on unnecessary matters. When hiring a labor law attorney, you shouldn’t have to travel far to see him or her. You shouldn’t have to call long distance when your questions can be answered by calling locally. When you hire an Atlanta labor law attorney, you will be able to cut costs in several ways, including: Attorneys involved in labor law cases should see their clients frequently in person. However, many attorney offices charge for the time or mileage involved in traveling to see a client.
You Need Someone Familiar with Georgia Jurisprudence
An attorney who is familiar with Georgia jurisprudence will let you know exactly what your legal responsibilities are under the law. An attorney should also note if he or she is unfamiliar with local jurisprudence, so you know if you’re securing the right services. An attorney of labor law not familiar with the jurisprudence of a particular place won’t be as prepared to deal with any issues regarding your business. There may be legal pitfalls that can affect you, including those having to do with discrimination, fair pay, minimum wages, fair scheduling and paid and unpaid family leave.
FAQs
I am a remote employee, do Georgia labor laws apply to me?
In general, yes! If the company that you work for is located in Georgia and you regularly work inside the state. If you live outside of Georgia but receive your paycheck from Georgia, you are considered a Georgia employee. You should also consult with an attorney to be sure.
I experienced employment reprisal after filing a complaint, what should I do?
You should call an attorney immediately. Employment reprisal is illegal.
I was wrongfully discharged and seek damages for lost wages, is there a statute of limitations?
Yes, under Federal law you have 90 days to file a complaint with the EEOC, after which you will be time barred from recovery . Under Georgia State law you have 180 days.
Employers seem to think that Attorneys are only for employees if you have a large company, what about small business or start-ups?
"It can be difficult and often times expensive to start up and maintain a new business, which is why you can’t afford it." This statement is untrue; here are just a few reasons for a business to seek a labor attorney:
Labor and employment issues can have a ripple effect through a company, employees may become disgruntled resulting in low morale and eventual high turnover. Allowing an attorney to handle your labor matters gives you the time and peace of mind needed to run your company.