Worker labor rights in Georgia, like in other parts of the country, have legislation that protects worker rights in order to prevent abuse by superiors, colleagues, and third parties such as clients and suppliers.
Among other aspects, the law guarantees the right to a fair working day, overtime pay, non-discrimination, and respect for workers. In 1938 Congress approved the "Fair Labor Standards Act" (FLSA), which included two main provisions: the determination of minimum wage and overtime hours for weekly work hours.
If you believe that one or more of your labor rights have been violated, contact Conexión Legal by calling 1800 201 1220 or write to us via WhatsApp to receive the best free consultation and, in this way, you can contact a Spanish-speaking attorney who can help you obtain the highest possible compensation.
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Rights Protected by the Fair Labor Standards Act
Duration of the Work Day
The duration of a work day should not exceed 40 hours per week. For companies with specific businesses, this time should not exceed 48 hours per week. During the day, from 6:00 to 22:00 hours, and during the night: from 22:00 to 6:00 hours. However, the law does not stipulate restrictions on overtime hours, but both parties agree to work overtime hours outside of the prescribed working hours.
The right to minimum wage and overtime
According to the Fair Labor Standards Act (FLSA), the federal minimum wage is $7.25 per hour, and overtime is paid at a rate of one and one-half times the regular wage for each hour worked after 40 hours per week
Non-discrimination
The right not to be discriminated against on the basis of race, color, religion, sex, national origin, age, disability, or pregnancy. The Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and other federal and state laws prohibit employment discrimination.
Rest Between Work Days
Georgia labor laws do not require an employer to provide rest or meal periods to workers; however, by agreement between the parties, periods of 20-30 minutes for this purpose are usually given.
Safe and Healthy Work Environment
The Occupational Safety and Health Act of 1970 (OSHA) establishes standards to prevent work-related accidents and illnesses, and requires employers to report and investigate workplace incidents
Holidays
The worker will have the right to rest on days off for holidays, such as January 1 and 2 for New Year's; March 3, Mother's Day; April 9, restoration of Georgia's independence; Saturday and Sunday of Easter, and May 9, Victory over Fascism Day, among several others. To learn about all of them, consult your work calendar.
Work hours for minors
The minimum age to work in the State of Georgia is 14 years old; however, exceptions are established to allow children under 12 years old to work in the labor field.
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Duration of the work day
The duration of work time for a minor between 16 and 18 years of age shall not exceed 36 hours per week. The duration of work time for a minor between 14 and 16 years of age cannot exceed 24 hours per week.
Vacation
For each year worked, the worker is entitled to a vacation period of 24 business days.
Right to Compensation for Work-Related Injuries
Georgia law requires employers with three or more employees to have workers' compensation insurance, which covers medical expenses and part of lost wages for workers who are injured or become ill due to their work2.
Retirement
There are three scenarios regarding retirement in Georgia. The minimum age to retire is 60 years old for both men and women. You must also have a minimum of 10 years of service. Additionally, you may choose retirement if you have 30 years of service regardless of age. You may also choose retirement with reduced benefits as long as you have 25 years of service.
On the other hand, employers often claim that salaried workers are paid for all hours of work in the week and therefore are only entitled to additional "part-time work." However, the United States Supreme Court ruled that salaried contracts for all work hours that do not provide overtime pay are illegal. The Supreme Court defines regular wages as all hours of work that are not overtime hours during the work week.
It is important that you know that employees are entitled to two years of overtime pay and, in some cases, if the employer's actions are willful, they are entitled to three years of overtime pay. In addition to overtime pay, employees are also entitled to fair compensation.
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If you believe that any of your labor rights have been violated, contact Conexión Legal by phone or WhatsApp so that a Spanish-speaking attorney specialized in this field can provide you with the best free consultation, and subsequently represent you in court so that you can receive the highest possible compensation.
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