If you have questions about your rights as an employer (and what your employees’ rights are), you’re not alone! Employment law can be confusing, and there are often many details and exceptions. The Atlanta attorneys at Stanton Law are well-versed in the intricacies of employment law and can help you understand your company’s situation and how to select the best option. To get started, we’ve compiled some of our most frequently asked questions and answers below.
Are salaried employees eligible for overtime pay?
It depends. Employees, whether they’re salaried or not, must meet the requirements of a duties test, (as defined by the Internal Revenue Service and other government agencies), to know if they’re eligible to receive overtime pay or not.
Should employers tell their employees not to talk about salary information to protect their coworkers’ privacy?
No. Because of the National Labor Relations Act, (NLRA), employers can’t prohibit employees from sharing the terms or conditions of their job, including pay, with their coworkers.
Do employees have the right to know the reason for their termination?
No. Employers aren’t required to tell an employee the reason for terminating them from the job. There’s no requirement under the terms of “at-will” employment. Likewise, an employee can leave his or her job without reason or warning.
Is unused, accrued vacation or paid time off (PTO) payable upon separation in Georgia?
No, it’s not—unless the details of a payout have been promised in writing.
Do employers have to protect pregnant employees by re-assigning them if their jobs involve any workplace hazards?
No. In most cases employers don’t have to reassign pregnant employees, and should not do so unless the employee requests a reasonable accommodation.
Can employers keep an employee’s final paycheck(s) until the employee has returned all company property after separating from the company?
No. In general, employers must pay all wages owed to the employee even if the employee owes them something.
Are employers required to provide paid time off (PTO) for employees to serve jury duty in Georgia?
Yes. Employers MUST provide paid time off for jury duty in Georgia.
Can employers hire independent contractors to provide extra help to meet unusually high business demands?
No. Georgia’s unemployment law states workers who perform work within the company’s usual course of business must be hired as employees—not as contractors.
Are employees allowed to bring their guns to work in Georgia?
It depends. If the employee is authorized to own and carry the weapon, then they can bring it to work in Georgia. An exception exists if the employer has a policy prohibiting guns on their premises.
Can employers fire employees for drug use if they don’t have a positive drug test?
Yes. Even if the employer only has reasonable suspicion about drug use—versus a positive drug test—the employer can fire an employee. Likewise, an employer can fire an employee for erratic or unsafe behavior as well.
Do employees have 48 hours to revoke or withdraw their resignations in Georgia?
No. Resignations aren’t revocable without the employer’s agreement.
Can employers get around paying overtime by awarding 1.5 hours of paid time off instead?
No. Giving extra paid time off (also known as “comp time”) instead of overtime pay isn’t allowed for private-sector employers.
If an employee forgets to clock out, can employers clock them out based on the end of their regularly scheduled shift?
No. Missed punches should be corrected to reflect the time the employee actually finished work and should be confirmed by the employee.
Contact an Atlanta Employment Law Attorney
If you still have questions about employment law in Georgia, let us know. The experienced attorneys at Stanton Law are well-versed in seeing legal and business issues from management’s point of view. We are committed to helping owners, managers, and entrepreneurs remain focused on growing their companies and implementing their ideas.
Please contact us today at 404-531-2341 or contact Stanton employment law attorney Elizabeth Sigler directly.