Labor and employment laws play an important part of a civilized society. uring his introduction of the National Labor Relations Act (NLRA) of 1935, Senator Robert Wagner once said, “Democracy cannot work unless it is honored in the factory as well as the polling booth; men cannot truly be free in body and spirit unless their freedom extends into places where they earn their daily bread.”
This declaration captures the essence of the various labor laws enacted during the past century. In a democracy, the principles of equality and the rule of law must be upheld, even in private contracts.
Therefore, whether you are an ordinary employee working for a Georgia-based employer who wants to know what rights you are entitled to as an employee, or an HR professional or a legal counsel tasked to ensure that the Georgia-based employer you are working for is compliant with labor laws to prevent exposing said employers to potential liabilities, learning about labor laws is essential. This article aims to provide you with an overview of labor laws in general, as well as laws enacted by the state of Delaware in particular. This article also provides the importance and purpose of these laws, and some frequently asked questions (FAQs).
Georgia employment law is a collection of state and federal labor laws. These laws include provisions for wage payment, minimum wage, child labor, and prevailing wages for state-funded construction projects.
Boone (2015) noted that throughout the early 1900s, working conditions for the average American worker were fairly grim. Child labor was widespread, discrimination in the workplace was normalized, and working conditions were hazardous due to lack of safety regulations. Additionally, unions did not have sufficient protections from the federal government, which made it difficult for workers’ unions to bargain for improved working conditions. Thanks to social and legal shifts throughout the years, labor laws have created better conditions and rights for the American worker.
Nonetheless, most employers today still exercise tremendous bargaining power over employees, especially at this time when employees’ collective power has dwindled over the years, with union density sitting at around 6.2% percent in the private sector.
Because of this unequal bargaining power, employers are known to have monopsony power. This means employers operate as wage setters rather than wage takers in the employment bargain. As a result, employers will tend to hire fewer workers (thereby leading to either under-employment or worse, unemployment) and those workers suffer lower pay and benefits as well as worse working conditions. Fewer workers also means that employers produce less output and can charge higher prices that harm consumers. Finally, monopsony power also reduces economic productivity because employers are not competing over wages to lure workers into jobs that are the best match for their productivity and skills.
That is where labor laws come in. Over the course of the 20th century, federal and state laws have been enacted to address this problem of inequality of bargaining power. The aim of these federal laws are to provide social and economic rights for workers, with state laws going beyond such minimum rights by providing expanded rights and protections.
Therefore, the primary purpose of labor law is to minimize, if not eliminate, the negative effects arising from the unequal power wielded by employers, and the inequality of bargaining power between employers and employees. Labor laws impose certain legal requirements on employers which cannot be the subject to negotiation or bargaining with employees. This means that since these requirements are imposed by law, employers have no choice but to comply or face possible civil and/or criminal sanctions from the government.
One type of labor law that aims to temper the monopsony power of employers are those that prescribe minimum standards for benefits. An example of this is the federal Fair Labor Standards Act (FLSA), which requires employers to pay at least the federal minimum wage and overtime pay of 1.5x the regular rate of pay. FLSA also deals with how work hours are computed.
Another type of labor law that addresses monopsony power are those that impose minimum safety and health conditions in the workplace. An example of this is the federal Occupational Safety and Health Act (OSHA), which imposes on employers the general duty to provide their employees with a workplace free from recognized, serious hazards.
Labor law also governs workers’ compensation laws, which requires employers to pay compensation and medical benefits to employees who suffer work-related injuries or death. An example of this type of law is the Federal Employees’ Compensation Act (FECA), which pays compensation for the disability or death of a federal employee resulting from personal injury sustained while in the performance of duty.
There are also labor laws that aim to regulate the benefits that employees are offered as a way to ensure that the employee’s interests are being considered., There are even laws that impose upon employers the obligation to provide additional benefits to employees that go beyond their usual salary. Examples of these types of laws are the federal Employment Retirement Income Security Act (ERISA), which regulates employers who offer pension or welfare benefit plans for employees, and the federal Family and Medical Leave Act (FMLA), which requires employers to give unpaid but job-protected leaves to employees who need to attend to the birth or adoption of a child, or for the serious illness of the employee or their family member.
The following are some of the rights of employees in Georgia, as provided under Georgia employment law and federal law:
The state minimum wage rate in Georgia is $5.15 per hour, which is lower than the federal minimum wage of $7.25. When state and federal minimum wage rates differ, the higher rate prevails. So, in cases where state minimum wage is lower than federal minimum wage, federal law will still prevail. However, only employees who are within the scope of the FLSA are entitled to the federal minimum wage.
No. Georgia labor law exempts employers from paying minimum wage to employees in an executive, administrative, or professional capacity who are paid on a salary basis. Instead, wages to be paid to these employees are based on contractual agreements between them and the employer.
Yes. Georgia labor laws require employers to offer former employees the option of continuing their healthcare coverage if an employee’s healthcare coverage is lost or reduced because his or her employment has been terminated. Such an option is also required if the employee’s hours have been reduced or the employee has become eligible for Medicare.
Under Georgia labor laws, a “qualified individual with a disability” is an individual who possesses the requisite skills, experience, education, and other job-related requirements of the position and who can perform the essential functions of the job with or without reasonable accommodation. Such accommodations may only be required by the employer if the disability is made known to the employer, usually upon request of the employee.
Georgia’s Vocational Rehabilitation Agency (GVRA) can assist persons with disabilities in finding gainful employment. It also provides employers support and education on employing persons with disabilities.
No. The FLSA and Georgia employment laws do not require employers to give workers breaks or meal periods, although this is provided by most employers. Short break periods of 5 to 20 minutes, however, must be paid, as provided by the FLSA.