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Child Labor
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Where do I get a work permit?
Can I start a work permit online?
Do I need a work permit if I am a minor performing community service?
I work in a restaurant and have a 12-year old daughter. I do not want to leave her home during the day on non-school days. May I take her to work with me? Can she clear tables and sweep/mop floors as long as she is there anyway?
I am 17 years old, married, and have a child. Do I have to get a work permit?
After I have worked for 4 hours at my job, doesn't the boss have to give me a 15 minute break?
I am 16 years of age. What time does the boss have to let me off in the evenings on a school night?
I worked for this company for two weeks, then quit. They won't pay me. They say the two weeks was a training period. What should I do to get paid?
I resigned 3 weeks ago. My boss keeps telling me to come back to get my last pay check. Each time I go back he tells me to come back on their next regular pay day. What should I do?
I am a 16-year old. I supervise a shift at a fast-food restaurant. Now my boss wants me to close (work to 12 midnight or 1:00 a.m.). If I do I will be in charge with only other teenagers on duty. Is this legal?
How many hours can a minor under age 16 work on Fridays? Is Friday considered a weekend or a school day?
If school is not in session one day during a school week, what are the maximum hours a minor under age 16 can work on that day?
Do I need a work permit if I am a minor working as a volunteer?
Under the new Teenage and Adult Driver Responsibility Act (TADRA), drivers with a Class D license can not drive between the hours of 12 a.m. and 6 a.m. Are there any exceptions for minors driving to and from work?
Can a minor who is visiting and working in Georgia use an out-of-state work permit?
If an area school session ends prior to June 1, can a minor under the age of 16 work 8 hours per day and 40 hours per week or does the minor have to wait until June 1 to begin full time employment?
Can I obtain a list from the Child Labor Section of employers who are currently hiring minors?
Education and Training
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What is the Workforce Investment Act (WIA)?
Fair Labor Standards Act
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What classifications of employees are exempt from FLSA overtime pay requirements?
I own a retail business. Are there any age restrictions for employing one of my 13 year old nephews as a stock clerk?
Are there special minimum wage rules for minors?
I have an employee who failed to follow instructions on preparing a report. The report had to be redone, resulting in the employee working over 40 hours in the work week. Am I required to pay overtime for his mistake?
Laws and Regulations
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What are the requirements for reporting new hires?
Does the ADA place restrictions on pre-employment inquiries?
What are the requirements of the Federal Contractor Job Listing Program?
Where can I get copies of the posters required by federal regulations?
Where can I get information and assistance with a work accommodation for one of my employees who had a recent permanent injury?
Occupational Information
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Do you know of any resources available to help me develop job descriptions for my company?
Services
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How can I request to have a Georgia Department of Labor representative contact me?
Unemployment Insurance
back to top
How do I set up an unemployment insurance tax account in Georgia?
Where do I obtain required forms?
When should I register with your Department?
How do I know that I must pay unemployment tax?
Do I pay tax on each person's wages for the entire year?
After I have met the taxable wage base of $9,500 for each worker, do I continue reporting each employee's wages?
When can I defer tax payments?
When can I stop reporting an employee's wages to you?
Can I download any of the tax forms I need?
What unemployment tax filing processes are available to employers online?
I am a new employer in Georgia. What will my tax rate be?
What happens if I fail to submit my quarterly tax and wage report by the due date?
Do I need to pay unemployment tax on the wages paid to a domestic in my home?
How can I request to have a Georgia Department of Labor representative contact me?
When an employee is separated from my company, am I required to provide anything in writing to the employee?
If a former employee receives unemployment benefits, how much will it cost me?
I received a request for claim information from the Georgia Department of Labor. What happens if I do not submit it timely or with adequate information?
Child Labor
Where do I get a work permit? back to top
A minor can get a completed work permit from the school the minor attends. If a minor does not attend school OR if the school does not maintain a supply of work permit data sheets, one may be obtained from the county school superintendent's office. A minor will need to take a copy of a certified birth certificate to have a completed work permit issued.
Can I start a work permit online? back to top
Yes, the work permit data sheet can be started on-line. Use the link below to access the online work permit system designed to allow completion of the work permit data sheet by Minors and Employers and the issuance of work permits by authorized Issuing Officers.

Online Work Permit
Do I need a work permit if I am a minor performing community service? back to top
A work permit is not required if you are not getting paid or receiving compensation for your community service.
I work in a restaurant and have a 12-year old daughter. I do not want to leave her home during the day on non-school days. May I take her to work with me? Can she clear tables and sweep/mop floors as long as she is there anyway? back to top
Child labor laws do not apply in simply bringing her to work with you. It is strictly up to the "boss" if you are allowed to bring your child with you. However, she may not do any work at all.
I am 17 years old, married, and have a child. Do I have to get a work permit? back to top
Yes. Individuals who have not reached their 18th birthday, regardless of marital status, need a work permit.
After I have worked for 4 hours at my job, doesn't the boss have to give me a 15 minute break? back to top
No. State nor federal law requires meal periods or breaks. If you are willing, the boss can work you 24 hours a day provided you are 16 years of age or older.
I am 16 years of age. What time does the boss have to let me off in the evenings on a school night? back to top
There are no restriction on hours for minors 16 years of age and above. (No cutoff hour; no maximum number of hours per day).
I worked for this company for two weeks, then quit. They won't pay me. They say the two weeks was a training period. What should I do to get paid? back to top
Call the U. S. Department of Labor Wage and Hour Division.

Atlanta: (404) 893-4600
Savannah: (912) 652-4221
I resigned 3 weeks ago. My boss keeps telling me to come back to get my last pay check. Each time I go back he tells me to come back on their next regular pay day. What should I do? back to top
Call the U. S. Department of Labor Wage and Hour Division.

Atlanta: (404) 893-4600
Savannah: (912) 652-4221
I am a 16-year old. I supervise a shift at a fast-food restaurant. Now my boss wants me to close (work to 12 midnight or 1:00 a.m.). If I do I will be in charge with only other teenagers on duty. Is this legal? back to top
Yes, there are no legal restrictions that apply.
How many hours can a minor under age 16 work on Fridays? Is Friday considered a weekend or a school day? back to top
If school was in session on Friday, that day is considered a school day. According to state law, the minor cannot work more than 4 hours. However, if the employer is subject to the FLSA, the minor cannot work more than 3 hours.
If school is not in session one day during a school week, what are the maximum hours a minor under age 16 can work on that day? back to top
If school is not in session on any particular day during a school week, according to state law, a minor can work 8 hours on that non-school day. However, if the employer is subject to the FLSA, the minor cannot work more than 18 hours during that particular school week.
Do I need a work permit if I am a minor working as a volunteer? back to top
A work permit is not required if you are not getting paid or receiving compensation for your services.
Under the new Teenage and Adult Driver Responsibility Act (TADRA), drivers with a Class D license can not drive between the hours of 12 a.m. and 6 a.m. Are there any exceptions for minors driving to and from work? back to top
According to the Georgia Department of Public Safety, there are no exceptions to this Act. For more information concerning TADRA visit the Georgia Office of Highway Safety web site.

Georgia Office of Highway Safety
Can a minor who is visiting and working in Georgia use an out-of-state work permit? back to top
No. Any minor working in the state of Georgia must obtain a Georgia Employment Certificate issued by an authorized Georgia Issuing Officer. A work permit can be obtained from the local board of education where the minor is temporarily residing.

If an area school session ends prior to June 1, can a minor under the age of 16 work 8 hours per day and 40 hours per week or does the minor have to wait until June 1 to begin full time employment? back to top
Once the school session ends, a minor can work up to 8 hours per day but no more than 40 hours per week. However, according to federal law, the minor cannot work past 7:00 p.m. until June 1. For the period of June 1 through Labor Day the work hours are extended to 9:00 p.m.
Can I obtain a list from the Child Labor Section of employers who are currently hiring minors? back to top
The Child Labor Section does not assist in obtaining employment for minors but rather ensures the safety of minors in the work place. The following industries are major employers of minors: grocery stores, amusement parks, recreation centers, day care centers, restaurants, bowling alleys, movie theatres, and retail stores. You can visit any GDOL Career Center to get help in finding a job.
Education and Training
What is the Workforce Investment Act (WIA)? back to top
WIA stands for the Workforce Investment Act of 1998, implemented in Georgia in July 2000. This federal legislation has helped Georgia move toward a comprehensive, customer-focused workforce investment system where Job Seeker and Employer customers alike can access a wide range of workforce-related tools and information they need to manage their work lives. Services are provided through a network of local One-Stop Centers statewide. For additional information about WIA, please contact the Governorís Office of Workforce Development.

Governorís Office of Workforce Development

Fair Labor Standards Act
What classifications of employees are exempt from FLSA overtime pay requirements? back to top
Generally the FLSA exempts executive, administrative, professional, and outside sales employees from overtime requirements provided they meet certain tests regarding job duties and are compensated "on a salary basis." The web sites below give specific conditions for each classification as well as other types of occupations.

USDOL Fact Sheets (Select "Exemptions")

U.S. Department of Labor (USDOL) Wage and Hour Division

FLSA elaws - Exemptions
I own a retail business. Are there any age restrictions for employing one of my 13 year old nephews as a stock clerk? back to top
Under federal law, a minor must be 14 years old to work for an employer. There is an exception for minors working for a parent or legal guardian who owns the business, OR a parent who is an officer of the corporation for which the minor works. This does not apply to other relatives. Additional "Child Labor" information can be found at the following web sites:

State of Georgia Child Labor information, requirements, and forms

USDOL Fact Sheets (Select "Child Labor")

FLSA elaws - Student-Learner Program
Are there special minimum wage rules for minors? back to top
The current federal minimum wage is $7.25 hr. However, a "special" minimum wage of $4.25 per hour applies to certain employees under the age of 20 during their first 90 consecutive calendar days of employment. After the 90-day period, employers are required to pay the full minimum wage. There are other programs that allow for payment below the federal minimum wage for "full-time students" and "student learners."

See the following web sites for information on these programs:

FLSA elaws - Full-Time Student Program

FLSA elaws - Student-Learner Program
I have an employee who failed to follow instructions on preparing a report. The report had to be redone, resulting in the employee working over 40 hours in the work week. Am I required to pay overtime for his mistake? back to top
Yes. When an employee must correct mistakes in his or her work, the time must be treated as hours worked. The correction of errors, or "rework", is hours worked even when the employee voluntarily does the rework.
Laws and Regulations
What are the requirements for reporting new hires? back to top
Both Georgia statute 19-11-9.2 and the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 require all Georgia employers to report all newly hired employees, including rehires, to the "State New Hire Reporting System". No employers are exempt.

Go to the web site below to learn how to report, what to report, and other information.

Georgia New Hire Reporting
Does the ADA place restrictions on pre-employment inquiries? back to top
In the hiring process, employers usually use a variety of questionnaires, applications, medical examinations, and tests to determine the competency of an applicant. At the pre-offer stage of the process, disability-related questions and medical examinations are prohibited under the ADA.

Office of Disability Employment Policy (ODEP)
What are the requirements of the Federal Contractor Job Listing Program? back to top
Federal contractors and subcontractors are required to immediately list all employment openings with the nearest state employment service (Georgia Department of Labor). This job-listing requirement applies to all job openings with the exception of executive or top management jobs, positions filled from within the organization, and jobs lasting fewer than 3 days. This includes agreements to lease workers from temp agencies. Qualified special disabled veterans, and any veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized, are given priority by the job service for referral to the federal contractor and subcontractor job openings. The priority referral does not obligate an employer to hire any job service referrals. Additional information is available at the web site below.

Federal Contractor Compliance FAQs also includes links to eLaws and additional law and advisory sites.
Where can I get copies of the posters required by federal regulations? back to top
The USDOL provides electronic copies of the required posters at the web site below. Some of the posters are available in Spanish, as well as English. Note that posting requirements vary by statute; not all employers are covered by each statute. For example, some small businesses may not be covered by the Family and Medical Leave Act and thus would not be subject to the posting requirements.

USDOL Poster Page also includes links to eLaws and additional law and advisory sites.
Where can I get information and assistance with a work accommodation for one of my employees who had a recent permanent injury? back to top
The ADA requires that employers with 15 or more employees make reasonable accommodations in the workplace for employees with disabilities. Reasonable accommodations must be made on a case-by-case basis and are not required when costs would constitute an undue hardship for an employer. More information and assistance can be found at the web sites below.

Job Accommodation Network (JAN)

Office of Disability Employment Policy (ODEP)
Occupational Information
Do you know of any resources available to help me develop job descriptions for my company? back to top
There are several online resources which should help with job descriptions. CareerOneStop has a section titled Create Customized Job Descriptions under the Employer highlights. O*NET Online has a Find Occupations component, which lists tasks, skills, abilities, and other worker characteristics for occupations. The O*NET Resource Center has questionnaires (knowledge, skills, abilities, etc.) that were used in the data collection program, and can be a starting point for gathering occupational data. The O*NET Center also has a section titled Human Resource Management with a wealth of information on essential elements of job performance. The Occupational Outlook Handbook (OOH) describes job duties and working conditions for a wide range of occupations.

CareerOneStop

O*Net Online

O*Net Questionnaires

O*Net HR Management

OOH
Services
How can I request to have a Georgia Department of Labor representative contact me? back to top
Employer Request for Contact Form
Unemployment Insurance
How do I set up an unemployment insurance tax account in Georgia? back to top
You must complete an Application for GDOL Tax Account or Status Change (DOL-1A) form and return it to the Georgia Department of Labor, Suite 850, 148 Andrew Young International Blvd., Atlanta, GA. 30303-1751.

Forms and Publications
Where do I obtain required forms? back to top
Some forms, including the Application for GDOL Tax Account or Status Change (DOL-1A), are available from the "Forms and Publications" page. If the form you need is not available, or if you are unable to print the form, email us and we will send you a form by mail or by fax.

Forms and Publications
When should I register with the department? back to top
All employing units that have individuals performing services in Georgia should complete a DOL-1A immediately following the payment of the first Georgia payroll.
How do I know that I must pay unemployment tax? back to top
Employers meeting any of the following criteria are generally liable and must submit an application DOL-1A and file quarterly reports: a) employers with a quarterly payroll of $1500 or at least one worker in 20 different calendar weeks during a calendar year; or b) agricultural employers with at least $20,000 in gross payroll for a calendar quarter or with 10 or more workers on any day during 20 different weeks in a calendar year. (Exclude food and lodging for agricultural employees); or c) domestic employers with a payroll of at least $1,000 in any calendar quarter. (Also included are workers of a college club, fraternity or sorority with food and lodging excluded from wages for them.)
Do I pay tax on each person's wages for the entire year? back to top
Although you are required to report all wages during the year, you pay taxes only on the first $8,500 of earnings for each employee. The $8,500 is commonly referred to as the "taxable wage base." Effective January 1, 2013, the taxable wage base in Georgia is $9,500 in accordance with 2012 GA House Bill 347. Qualified employers may defer quarterly taxes of $5.00 or less until January 31st of the following year.
After I have met the taxable wage base of $9,500 for each worker, do I continue reporting each employee's wages? back to top
Yes. Reported quarterly wages are used to establish eligibility for unemployment insurance benefits regardless of whether taxes were actually due on those wages.
When can I defer tax payments? back to top
Effective July 1, 2009 in accordance with GA House Bill 581, employers have the option of deferring a quarterly charge consisting of contribution and/or assessment amounts if the total charge is equal to or less than $5.00. Payment for that quarter may be deferred until January 31st of the following year. To qualify, an employer must not have any unfiled quarterly tax reports for previous or the current tax period and must not have any unpaid balance other than the de minimis amount (the amount of $5.00 or less) due for the current tax period. The deferment may be revoked for failure to timely file and make payment for subsequent quarterly tax periods during the same year. Previously deferred amounts become due and interest will be assessed from the original due date if any subsequent tax reports are not filed or are filed untimely.
When can I stop reporting an employee's wages to you? back to top
You report an employee's wages only through the quarter the person was last paid by you.
Can I download any of the tax forms I need? back to top
Some forms are currently available for downloading under "printable forms" on our web site. If the form you need is not available at this time, email us and we will mail or fax the form to you. Check the web site often as forms and information are being added on a regular basis.
What unemployment tax filing processes are available to employers online? back to top
Quarterly Tax -- File Tax and Wage Reports online for each quarter. A password and GDOL account number are required. Change Address -- Add, change, or delete a business address online. A password, GDOL account number, and a federal ID number are required. Get or Change an Employer Password Online -- Apply for or change an Internet password online for immediate use. A GDOL account number, federal ID number, and current password, if a change is needed, are required.
I am a new employer in Georgia. What will my tax rate be? back to top
New or newly covered employers are assigned a total tax rate of 2.70 percent until such time as they are eligible for a rate calculation based on their experience rating history.
What happens if I fail to submit my quarterly tax and wage report by the due date? back to top
Late reports may result in a penalty of $20 or .05 percent of the gross payroll, whichever is greater, for each month or fraction of a month such report remains delinquent. Contributions not paid by the due date will accrue interest at a rate of 1.5 percent per month or fraction of a month, until all due amounts are received. In addition, a cost of collection fee of 20 percent of any deficiency assessed may be imposed.
Do I need to pay unemployment tax on the wages paid to a domestic in my home? back to top
Yes, if you pay cash remuneration of $1000 or more in any one calendar quarter.
When an employee is separated from my company, am I required to provide anything in writing to the employee? back to top
Yes. Georgia law requires that the employee be furnished a separation notice that contains detailed reasons for the employee's separation. The separation notice should be delivered in person on the last day of work or, if the employee is not available, should be mailed to the last known address. A copy of the department's official separation notice, DOL-800, may be downloaded from the department's web site or copies may be obtained from any Georgia Department of Labor career center.
If a former employee receives unemployment benefits, how much will it cost me? back to top
If you are the most recent employer, as defined by law, you will be charged for the total amount paid, up to the maximum amount of wages you actually paid your former employee.
I received a request for claim information from the Georgia Department of Labor. What happens if I do not submit it timely or with adequate information? back to top
Effective October 22, 2013, employers that fail to respond to written requests for information from the Georgia Department of Labor (GDOL) with adequate information and/or by the specified deadline regarding three separate unemployment insurance claims established during a calendar year will be charged for benefits paid on all subsequent claims paid during that year.

These charges will apply regardless of whether the GDOL's benefits determination is later reversed on appeal or if an overpayment of benefits is established and collected. Charges to the employer's account will be applied pursuant to requirements of Section 252 of the Trade Adjustment Assistance Extension Act of 2011 (TAAEA), amending Section 3303 of the Federal Unemployment Tax Act (FUTA) at subsection (f) and interpreting Section 3309(a) (2) consistently therewith for employers electing reimbursable status under O.C.G.A.§34-8-158, and the authority of the Commissioner of Labor under O.C.G.A.§34-8-93.



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