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Child Labor
Education, Training, and WIA
Fair Labor Standards Act
Labor Market Information
Laws and Regulations
Services
UI Emergency Benefits
Unemployment Insurance
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Education, Training, and WIA |
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Child Labor |
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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.
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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
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Do I need a work permit if I am a minor performing community service? |
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A work permit is not required if you are not getting paid or receiving compensation for your community service.
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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?
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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 you to bring your child with you. However, she may not do any work at all.
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I am 17 years old, married, and have a child. Do I have to get a work permit?
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Yes. Individuals who have not reached their 18th birthday, regardless of marital status, need a work permit.
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After I have worked for 4 hours at my job, doesn't the boss have to give me a 15 minute break?
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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.
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I am 16 years of age. What time does the boss have to let me off in the evenings on a school night?
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There are no restriction on hours for minors 16 years of age and above. (No cutoff hour; no maximum number of hours per day).
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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?
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Call the U. S. Department of Labor Wage and Hour Division.
Atlanta: (404) 893-4600 Savannah: (912) 652-4221
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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?
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Call the U. S. Department of Labor Wage and Hour Division.
Atlanta: (404) 893-4600 Savannah: (912) 652-4221
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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?
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Yes, there are no legal restrictions that apply.
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How many hours can a minor under age 16 work on Fridays? Is Friday considered a weekend or a school day?
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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.
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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?
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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.
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Do I need a work permit if I am a minor working as a volunteer? |
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A work permit is not required if you are not getting paid or receiving compensation for your services.
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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?
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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
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Can a minor who is visiting and working in Georgia use an out-of-state work permit?
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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.
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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?
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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.
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Can I obtain a list from the Child Labor Section of employers who are currently hiring minors?
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The Child Labor Section does not assist in obtaining employment for minors but rather ensure 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.
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Education, Training, and WIA |
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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 One-Stop Centers statewide.
Workforce Investment Act (WIA) Summary for Job Seekers
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The Workforce Investment Act (WIA) requires that each service delivery area (there are 20 in Georgia) have at least one comprehensive or full-service One-Stop Center. A One-Stop Center is a place where Employers and Job Seekers can access a wide range of workforce services. In Georgia, there are over 45 "full-service" One-Stop Centers, and most areas have several other locations for customers to access workforce services also. A majority of the full-service locations are GDOL Career Centers, while others are separate facilities. Many different education, training, and employment-related services available in the community are also provided by various partner agencies at the One-Stop Center or through referrals.
Find a One-Stop Center (by county)
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Does "One-Stop" mean I only have to go one place for all of the workforce services I need?
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At a One-Stop Center, every effort is made to make it as easy and convenient as possible for Employer and Job Seeker customers to get the customized services they need. Many customers will be able to get everything they need from a single location, during a single visit or multiple visits. Other customers may need services that are not available onsite. In these situations, One-Stop staff will facilitate necessary linkages and referrals.
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How do I find out where to go for workforce services in my community?
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There are 20 Workforce Investment Act (WIA) service areas in Georgia, and each area has at least one comprehensive or full-service One-Stop Workforce Center providing services. Most areas have several locations for accessing services. These service access points may include GDOL career centers, One-Stop Centers, technical colleges, Voc Rehab offices, Department of Family and Children Services (DFCS) offices, or other community based organizations.
Find Us
Select GDOL Career Centers, GDOL Voc Rehab Offices, or One-Stop Centers, depending on your specific needs, and the county or city in which you are interested.
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Do all One-Stop Centers offer the same services?
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While One-Stops offer many of the same services, there are differences among One-Stops services based on the needs of customers in the community. For example, while all One-Stops provide workforce resource areas with a variety of self-service options online or through books, videos, or pamphlets, a One-Stop Center may offer specialized services for Hispanic employers and job seekers, or youth. Contact the center in your community to learn about specific services available. Visit One-Stop Center Services for a general list of services.
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I just got laid off and am collecting Unemployment Insurance. Can WIA help me?
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Yes. Services to dislocated workers are a major component of WIA activities. You may also be eligible for Trade services, which assist individuals who have become unemployed as a result of increased imports from, or shifts in production to, foreign countries. Please contact your local One-Stop Center to inquire about the services that are right for you.
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Does each of the 20 local workforce areas in Georgia have its own web site?
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Most of the areas either have their own web site, or are a part of their administrative entity's web site (for example, a city government or a Regional Development Center).
Find a One-Stop Center
Local area web sites are listed on the left-hand side of the drop-down box that appears once you have selected a county.
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Do One-Stop Centers serve persons with disabilities?
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Yes. Georgia's local One-Stops have been designed and equipped to ensure that all customers can access the services and programs they need. One-Stops comply with accessibility and reasonable accommodation provisions of the Workforce Investment Act, the Americans with Disabilities Act (ADA) standards, and the Georgia Accessibility Code. Additionally, One-Stops can provide adaptations to help customers with visual, hearing, mobility, and cognitive or language impairments access services.
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Can I access workforce resources from my computer at home or from my office?
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Yes, many excellent workforce resources for both Employers and Job Seekers are available online – starting with the wide range of services and links available through this Georgia Department of Labor web site. Some customers can get everything they need without ever coming into a One-Stop Center. Other customers begin their research and exploration of services at home, and then visit a One-Stop Center for staff assistance. Yet other customers prefer to visit their local One-Stop, or do not have access to a computer at home.
Please note that initial Unemployment Insurance (UI) claims must be filed at a Georgia Department of Labor Career Center.
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Can I apply for Unemployment Insurance (UI) online from home? Can I apply for Unemployment Insurance (UI) at a One-Stop Workforce Center? How do I find out where to apply?
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Initial UI claims must be filed at a Georgia Department of Labor (GDOL) Career Center (which in some cases may also be a full-service One-Stop Center) in your community. After the initial claim, weekly recertification can be done from any Internet accessible computer - including from home, a public library, a One-Stop Center, a GDOL career center, or other location.
Find a Career Center (by city)
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A friend of mine was just approved for WIA-funded On-the-Job Training (OJT) with an employer in our community. What exactly is OJT?
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In On-the-Job Training,
participants are actually employed and trained by an employer.
The employer is reimbursed up to 50 percent of the wage
rate of the participant for a limited period of time,
to help defray the costs of providing the training and
additional supervision related to the training. In other
words, OJT may help Job Seeker customers get a foot in
the door with a new employer interested in taking advantage
of this financial incentive.
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I am currently employed, but I've realized I need additional training in order to get promoted in my field - I'm just not sure what kind of program would best help me achieve my career goals. Is there someone I can talk with about this?
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Yes. A knowledgeable career advisor at a GDOL Career Center or other One-Stop Center can introduce you to a variety of resources to help you make a more informed decision, and will provide career counseling as needed. In the meantime, there are many links on the GDOL web site you might want to visit to get started.
Learn About Education and Training
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Potential resources available to students in Georgia include Workforce Investment Act (WIA) funds, Helping Outstanding Pupils Educationally (HOPE), Pell, assistance from entities serving specific populations (e.g., persons receiving Temporary Assistance to Needy Families (TANF), older workers, youth), scholarships, and grants. A career advisor at a GDOL career center or other One-Stop Center can help you explore available resources, eligibility criteria, schools and programs, career options, and all of the other things you need to consider before making an application for training. The career advisor will also introduce you to the Individual Training Account (ITA) Eligible Provider/Program List that displays the training programs in Georgia eligible for WIA funding.
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What is an Individual Training Account (ITA)?
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ITA stands for the Individual Training Account system, the primary way for Georgia's adults and dislocated workers to access Workforce Investment Act (WIA) funded occupational training. An Individual Training Account (ITA) is essentially a voucher given to customers who need occupational skills training to become gainfully employed or reemployed. Supported by assessment and informed decision making, customers may use their ITAs to purchase training slots in any program on the eligible program/provider list. Since each of the 20 local workforce boards in Georgia may establish monetary, categorical, and time limits for such vouchers – there may be differences among areas.
ITA Eligible Provider/Program List
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What training providers are eligible to receive Workforce Investment Act (WIA) training services under the Individual Training Account (ITA)?
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Providers and their programs
eligible to apply for approval/certification under WIA
include universities, colleges, community colleges, technical
institutes, some proprietary schools, apprenticeship programs,
public and private training providers - including entities
such as vocational-technical schools, community and faith-based
organizations, private training companies, labor organizations,
employer organizations, and private individuals.
Prospective training providers are required to submit applications covering each individual program or course of study proposed for certification - as programs, not providers, are certified through this process.
Please contact the One-Stop in your local workforce area to learn more about the Individual Training Account Eligible Provider/Program system in your area.
Find a One-Stop Center (by county)
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Although it is referred to as an ITA "Eligible Provider List," isn't it actually certified program(s) and courses of study that enable a provider to be listed?
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Yes. Application and inclusion on the list are based on approved individual courses of study, not the provider who operates them. Therefore, providers must submit information with their application addressing each program they would like included on the statewide Eligible Provider list.
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How do Community Based Organizations (CBOs) and Faith-Based Organizations (FBOs) that provide training fit within the ITA eligible provider system?
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Under WIA, CBOs and FBOs are important partners in Georgia's workforce system. They may be certified as eligible providers, along with all other providers of adult training services under WIA, by submitting an application to be placed on the statewide Eligible Program/Provider list. In some cases, due to an exception to the ITA system, a different approval process is followed.
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What criteria are used to determine who does and who does not get an Individual Training Account (ITA)? Is it based only on economic need?
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No. Each local workforce board (there are 20 in Georgia) defines local criteria for providing ITAs based on critical local workforce needs. For example, criteria may be set related to economic development priorities, occupations in demand in the area, and expected wage levels - so long as the criteria are reasonable and uniformly applied.
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What career direction is provided to customers?
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Local workforce staff may inform customers and facilitate career decisions. However, the ultimate training decision rests with the customer within defined local policies and parameters. The career advisor's role is to provide customers with guidance and feedback from assessment that can help them understand their needs and choices prior to selection of a training program/provider.
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Yes. ITA accounts are the responsibility of local workforce boards, which may establish total and categorical caps, length of time, mechanisms for payment, and other criteria.
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Are youth eligible to receive Individual Training Accounts (ITA)?
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Although there are some exceptions for older youth age 18-21, the ITA system primarily serves adults.
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Yes. A variety of services are available through local area workforce systems to youth age 14-21, either through WIA directly or through workforce partners. Examples include career exploration, occupational skills training, mentoring, apprenticeships, basic skills training, literacy training, and work experience. Youth services are not, however, generally provided through the ITA system.
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Are the "rules" for WIA the same for all local workforce investment areas?
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Although there are broad federal Workforce Investment Act (WIA) guidelines that guide all 20 local areas in Georgia, there is also great flexibility for local areas to develop policies and procedures that meet the unique needs of their communities. Please contact the One-Stop Center in your local workforce area to learn more about your particular local workforce system.
Find a One-Stop Center (by county)
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At the state level, who is responsible for overseeing the Workforce Investment Act (WIA) workforce system in Georgia?
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The Governor designated the Georgia Department of Labor (GDOL) as the state agency responsible for overseeing Georgia's workforce system. Within GDOL, many divisions contribute toward supporting the system. Please contact the Career Development Services Division (Workforce investment Act) for additional information.
GDOL Service Directory
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Where can I get information on the various scholarships, grants, and loans available for college or technical school?
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There are several
sources of information on the various types of financial
assistance available to college and technical college
students. The Georgia Career Information System (GCIS)
is a subscription-based system, developed and maintained
by Georgia State University, which contains all types
of occupational, career, educational, and training information.
It also has a comprehensive database of financial aid
resources. You can access the system at many local school
systems, or at any GDOL Career Center, and at most One-Stops.
Additional information can be found at the sites below.
GAcollege411
CareerOneStop Financial Aid Information and Scholarship Search Database
The Georgia Student Finance Commission
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Fair Labor Standards Act |
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When is my employer required to pay overtime?
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Unless specifically exempted, employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate of 1 and 1/2 their regular rates of pay. Some exemptions include white collar workers employed in executive, administrative, professional, and outside sales positions who are paid on a salary basis. For a more inclusive list of exemptions, click on the link below.
FLSA elaws - Exemptions |
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What is the minimum wage for workers who receive tips?
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An employer of a tipped employee is only required to pay $2.13 an hour in direct wages, if that amount plus the tips received equals at least the federal minimum wage for each hour worked. If not, the employer must make up the difference.
FLSA elaws - Minimum Wage
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Isn't my employer required to pay severance pay if I was laid off?
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There is no requirement in the Fair Labor Standards Act for severance pay. Severance pay is a matter of agreement between an employer and an employee per the employment contract.
FLSA elaws - Severance Pay
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Can my employer require me to perform duties not included in my job description?
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Yes. The Fair Labor Standards Act does not limit the types of work employees 18 and over may be required to perform. This is true whether or not the work asked of the employee is listed on the job description.
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Is my employer required to pay a higher rate if I work during the weekend or at night?
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Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). The Fair Labor Standards Act does not require extra pay for weekend or night work. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees.
elaws FLSA Advisor
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Isn't my employer required to give me breaks and a meal period?
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Neither the Fair Labor Standards Act (FLSA) nor Georgia law requires breaks or meal periods be given to workers. However, many employers do provide breaks and meal periods, even though discretionary with the employer. Breaks of short duration, from 5 to 20 minutes, are common. The FLSA requires that workers be compensated during short break periods; however, an employer does not have to compensate workers meal periods of thirty minutes or more, as long as the workers are free to use the meal period time as they wish and are not required to perform work during that time.
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What are an employer's requirements to provide vacation, sick, and/or personal leave?
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Neither federal nor state law requires that an employer provide vacation, sick, or personal leave.
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My employer had no good reason for firing me. What recourse do I have?
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Unless you have a contract with your employer for a specified length of service, either you or your employer may terminate the employment relationship at any time, with or without cause, for any reason or no reason at all, with the exception of illegal discrimination. This is frequently called "Employment-at-Will."
Civil
Rights Act of 1964, Title VII
Obtain Information
About An Employment Issue
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Labor Market Information |
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What are the fastest growing occupations in Georgia?
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Occupational growth is defined using projections data. These data list the fastest growing jobs (percentage of growth), largest job growth (numerical growth), most annual openings, etc. Eight of the 20 fastest growing jobs are related to health services and five are related to computer technology. Fastest growing occupations, defined as a percentage of new growth, also have a minimum of 100 annual openings. Additionally, more than half of these occupations have higher than average wages. Occupations with a high percentage of growth, 100 or more openings per year and higher than average wages earn the distinction of being a "hot job".
Occupational projections are published in Georgia Workforce 2014 – Long-term Employment Trends and Georgia Area Workforce Trends (local workforce investment act areas).
Georgia Workforce 2014 – Long-term Employment Trends
Georgia Area Workforce Trends |
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What is the average salary for Georgia workers with a college degree? High school diploma? High school dropout?
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The U.S. Census Bureau reported that college definitely pays. Workers age 18 and over with a Bachelor's degree earn an average of $51,206 a year, while those with a high school diploma earn $27,915. Workers without a high school diploma average $18,734. An advanced degree earns workers an average of $74,602. These data were collected in the Annual Social and Economic Supplement to the Current Population Survey (CPS) for 2004.
Current Population Surveys from 1998, 1999 and 2000 were used to estimate Synthetic Work-Life Earnings Estimates. These estimates show that over a lifetime (age 24-65), the differences in earned income are far more significant. Workers without a high school diploma will earn less than $1.0 million in their lifetime. Those with a high school diploma will earn $1.2 million. Workers with a Bachelor's degree will earn $2.1 million and an advanced degree will earn 2.5 million.
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Laws and Regulations |
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Where can I get information about my reemployment rights if I was called up for active reserve duty?
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I quit my job and my employer refuses to pay me for my last week worked. What can I do?
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Often employers and workers disagree over final amounts due. The Fair Labor Standards Act requires that employees be paid at least minimum wage for all hours worked, and time and a half for any overtime hours worked; salaried personnel must also be paid. The USDOL Wage and Hour Division enforces these requirements, but enforcement may be slow. The practical alternative is to file a claim for wages against the employer in the small claims court (Magistrate Court) in the county where the employer is located. Although the worker will have to pay a filing fee, that filing fee can be collected along with wages if the court rules in the worker's favor.
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How can an employer fire me under "Employment-at-Will" if Georgia is a "Right-to-Work" state?
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Georgia is a "Right-to-Work" state. This means that workers may not be required to join a union or make payments to a union as a condition of employment. This protects a worker who is not hired, or is fired, due to refusal or unwillingness to join a union only.
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Services |
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Does the Georgia Department of Labor provide special services for veterans?
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Doesn't your Department help individuals get bonding assistance?
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The Georgia Department of Labor is the local agency certified by the Federal Bonding Program sponsored by the U.S. Department of Labor. This program issues fidelity bonds to employers free-of-charge, and serves as an incentive to the company to hire a job applicant who is an ex-offender or has some other personal background "risk" factor. For the bond to be issued, the employer must make the individual a job offer, and a date to start work must be set. For assistance, contact the federal bonding representative at the GDOL Career Center nearest you. You may also view additional information at the following sites:
USDOL Federal Bonding sites
Federal Bonding Program Job Placement Tool
Find Us/Career Centers
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What workshops are offered for job seekers at the Career Centers?
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The number and variety of workshops provided each week vary by Career Center, depending on customer needs and preferences. All Career Centers provide an Orientation workshop (job search and GDOL services), and a Re-Place Yourself (comprehensive job search) workshop. Examples of other specialized workshop topics include Networking, Résumé Writing, Internet Job Search, Career Exploration, and Interviewing. Call the Career Center nearest you to get the schedule.
FindUs/Career Center
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What are the hours of operation for the Career Centers?
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GDOL Career Centers are generally open from 8:00 am until 4:30 pm. However, most of them have extended hours on certain days of the week. Check with the office convenient to you for schedule information.
FindUs/Career Center
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How do I qualify
for Vocational Rehabilitation
services?
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To qualify for vocational rehabilitation services, you must have a permanent disability that affects your ability to work in at least two ways. Each person's situation is considered individually. Contact a local VR office to inquire.
FindUs/VR Offices
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UI Emergency Benefits |
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What are the eligibility requirements for Emergency Unemployment Compensation (EUC)? |
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A potentially eligible individual is any individual who has filed an initial claim for regular unemployment insurance benefits on or after 5/2/2006, has qualified for and received all available payments for that claim, or whose benefit year has expired, and is unable to establish a new regular unemployment claim under any State law. Also, additional work can affect entitlement to Emergency Benefits. An eligibility determination must be made on all claims with additional work. You must meet the same eligibility requirements that applied to your regular unemployment insurance claim. |
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How and when do I need to apply for EUC benefits? |
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Individuals currently receiving regular unemployment insurance (UI) benefits may be potentially eligible to receive First-Tier EUC benefits, which provides up to 20 weeks of EUC benefits once their regular UI benefits are exhausted and Second-Tier EUC benefits which
provides up to 13 additional weeks of EUC benefits once their First-Tier EUC benefits are exhausted.
To receive either First or Second-Tier EUC, individuals must not be eligible to establish a new regular UI claim in Georgia, any other state, U.S. territory, or Canada. It will not be not be necessary to complete an application. The first week claimed following the exhaustion of the initial regular claim will serve as the EUC application and qualify claimants for First-Tier EUC benefits. The first week claimed following the exhaustion on the First-Tier EUC will serve as the Second-Tier application and qualify claimants for Second-Tier benefits.
Weekly certifications may be made by certifying through the Internet, by phone through the on-line verification system (OLIVoR), or by submitting a paper certification form.
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First-Tier EUC will calculate to be the lesser of either 80% of the maximum benefit amount (MBA) received on your most recent regular claim or 20 times your weekly benefit amount. Second-Tier EUC will calculate to be the lesser of either 50% of the MBA received on your most recent regular claim or 13 times your weekly benefit amount. |
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Is an individual required to establish a new regular unemployment claim with a lower weekly benefit amount than the EUC weekly benefit amount? |
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If an individual can establish a regular unemployment claim while receiving EUC benefits, the individual no longer qualifies for EUC benefits. He or she must be paid regular unemployment benefits even if the weekly benefit amount is lower than the EUC weekly benefit amount. |
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EUC benefits will be paid either by direct deposit or by check. |
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How does EUC benefits affect a Trade Readjustment Allowances (TRA) payment? |
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An individual cannot collect TRA for a week if he or she is eligible to receive EUC benefits. EUC benefits must be paid instead of TRA benefits. If a person is claiming TRA benefits, the TRA benefits are suspended until he or she exhausts their EUC benefits.
The maximum amount of EUC benefits that a claimant may receive may be deducted from the maximum amount of basic TRA payable to the individual if the EUC benefits and the TRA are based on the same regular unemployment claim. When the individual exhausts EUC benefits, his or her eligibility to resume TRA will be determined.
TRA eligibility periods for basic, additional, and remedial TRA will not be revised or extended because of eligibility for EUC benefits. |
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How do EUC benefits affect a Disaster Unemployment Assistance (DUA) payment? |
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An individual cannot collect DUA payments for a week if he or she is eligible to receive EUC benefits. EUC benefits must be paid instead of DUA benefits. If the person is not able to qualify for EUC benefits because an injury suffered in the disaster left them unable to work, they will revert to the DUA payments. |
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To qualify for regular UI or EUC benefits, you must be physically able to work and be available to work immediately if a job is offered. You are required to actively seek work and keep a work-search log.
Record of Work Search (PDF) |
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There are several deadlines within the EUC program. First, an individual must exhaust their regular UI claim before or during the week of December 20-26, 2009 to be eligible for First-Tier EUC. Secondly, individuals that exhaust their First-Tier EUC benefits and are not able to establish a regular UI claim may be eligible for Second-Tier EUC. Individuals must qualify and exhaust First-Tier EUC benefits prior to the claim week of December 20-26, 2009, in order to qualify for Second-Tier EUC benefits. No First or Second-Tier payment can be made after claim for any week after May 29, 2010. |
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I don't like my current job. If I quit, will I be eligible for EUC benefits? |
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Generally, no. If you voluntarily quit your most recent job, you would have to prove there was a good work-related reason to quit to be eligible for benefits. |
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I was unemployed for a long time, but I have taken a part-time job now. Can I receive any EUC benefits? |
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Possibly. You may be entitled to partial benefits if you are currently working less than full-time. |
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Will taxes be withheld from my EUC benefits? |
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EUC benefits are subject to state and federal taxes. If you had taxes withheld weekly on your regular unemployment benefits, they will be withheld on your EUC benefits. If you wish to change your withholding status, you should visit your Career Center to make that change. |
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Are Georgia employers being charged for EUC benefit payments? |
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No. EUC benefits are completely funded by the Federal Government. |
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Unemployment Insurance |
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Unemployment insurance is temporary income for workers who are unemployed through no fault of their own and are either looking for another job, have a definite recall within 6 weeks of the last day worked, or are in approved training. The funding for unemployment insurance benefits comes from taxes paid by employers. Workers do not pay any of the costs. |
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Where do I file a claim for unemployment insurance?
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You may file your claim at any Georgia Department of Labor Career Center. To find the office nearest to you, go to Find Us, then select Career Centers.
GDOL Career Centers
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What do I need to bring with me when I file a claim?
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Bring your social security number. We cannot file your claim without it. If you received a separation notice or letter from your former employer, bring it with you when you file your claim. In some cases this will help speed up the process of determining your eligibility for benefits. You will need the names and addresses of your employers for the last 18 months, and the dates you worked at each place. Bring proof of your immigration status if you are not a citizen of the United States. You may have your benefit checks deposited directly to your checking or savings account. If you wish to have this done, bring a check with your account number and your bank's routing number. If you separated from the military in the last 18 months, bring DD214 Member 4. If you worked for the federal government in the last 18 months, bring Standard Form 50 and Standard Form 8. If you do not have Standard Form 50, please bring a W-2 form or pay stubs and your wages will be estimated.
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Your claim is effective the date you first file for benefits. GDOL does not backdate claims.
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How do I qualify for unemployment insurance benefits?
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There are several qualification requirements, but these three are critical:
- You must have earned enough money in the base period to set up a claim.
- You must be unemployed through no fault of your own.
- You must be able to work, be available for work, and be actively seeking work each week you claim benefits.
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The base period is the period of time we look at to determine if you have been paid enough wages to establish a claim. For Georgia, the base period is the first four of the last five calendar quarters completed at the time you file your claim. An alternative base period consisting of the most recently completed four calendar quarters will be used only when a claim cannot be established using the regular base period.
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How long must I have worked to establish a claim in Georgia?
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Your claim is based on insured wages earned in the base period, which is the first four of the last five calendar quarters completed at the time you file your claim. You must have earned qualifying wages in at least two of the four quarters in the base period. The total wages in the base period must equal or exceed one and one-half times the wages in the highest quarter. A secondary calculation will be made when the sole reason that a claim cannot be established is the one and one-half times requirement. An alternative base period consisting of the most recently completed four calendar quarters will be used only when a claim cannot be established using the regular base period.
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What are the minimum and maximum weekly benefits paid in Georgia?
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Effective July 1, 2007, the minimum is $44 per week. The maximum is $330 for claims filed on or after July 1, 2008. The amount an individual will receive is based on the amount of wages earned in the base period.
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What is the maximum length of time I can draw benefits?
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The maximum number of weeks for any claim is 26. The minimum number of weeks is 6. The actual number of weeks established for your claim depends on your earnings in the base period. |
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What do I have to do to qualify for benefits if I have earned enough money to establish a claim?
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Just earning enough money to set up a claim is not enough to receive unemployment benefits. You must also meet other eligibility conditions. You must have a decision made on the reason for separation from your last work. If your most recent job loss was not the result of a lack of work (i.e. layoff, business closure), a decision on the reason for separation is required. A department employee may conduct a telephone interview with you and your former employer to get information about the reason for your separation or any other issues which might affect your claim. A written decision will be mailed to you, and to your employer if the issue is separation. Other requirements include, but are not limited to, being able to work, being available for work, and actively seeking work.
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If you quit, you may be eligible to draw benefits if you can show that you quit for good work-connected reason(s). Examples of good work-connected reasons are material change in working conditions, material change in working agreement, nonpayment for work, and similar reasons. You will not be able to draw benefits if your reason for quitting was personal even though the personal reason was a good or compelling one. The only way to know for sure whether you are eligible if you quit is to file a claim. The department cannot make a predetermination of eligibility before a claim is filed.
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If you were fired from your job, you will not be able to draw benefits if your former employer can show that you were fired for failure to follow rules, orders, or instructions, or for misconduct on the job. The only way to know for sure whether you are eligible if you are fired is to file a claim. The department cannot make a predetermination of eligibility before a claim is filed.
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Are there other requirements if I draw benefits?
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Yes. If you are awarded benefits based on your reason for separation from your last work, you must meet other weekly requirements. You must be able to do some kind of work that is available in your area and that you are qualified to do. You must be available for work without placing undue restrictions on your availability, such as lack of child care, lack of transportation, or other restrictions. You must be actively seeking work each week and you must be looking for full-time employment. You must not refuse any offer of suitable work or referral to suitable work without good cause. You must be registered for work with the department's Employment Service Division, and you must respond to any notices to come in for services. If you work and earn any money while you are drawing benefits, you must report all earnings for the week in which the money is earned, not for the week the money is paid. Any amount over $50 earned during a week will be deducted from your weekly benefit amount if you filed your claim on or after July 1, 2002. Any amount over $30 will be deducted if you filed your claim on or before June 30, 2002.
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Does severance pay have an effect on my benefits?
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You are usually not eligible for unemployment insurance benefits during a period covered by severance pay paid to you by your employer. The only way to know for sure whether severance pay is disqualifying is to file a claim.
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Does retirement pay have any effect on my benefits?
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If you are receiving a retirement pension from a base period employer, the pension may be deductible from your weekly benefit amount if your employer contributed 50% or more toward the pension fund. If the pension payment is determined to be deductible, the department will reduce your weekly benefit amount dollar for dollar by the weekly amount of the pension that is attributable to the employer. NOTE: If your pension is from an employer you worked for before the base period, it is not deductible. The receipt of Social Security is also not deductible, although you do have to be available for full-time work.
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How do workers' compensation payments affect my claim?
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If you are receiving Temporary Total or Temporary Partial Workers' Compensation payments, you are not eligible for unemployment insurance in Georgia. The only way to know for sure is to file a claim.
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How do I claim benefits each week after I file?
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The department will send you a written decision (called a determination) telling you whether benefits may be paid or not. This determination is usually issued about 14 to 21 days after the day you file. If benefits are allowed on your claim, your first check will usually be mailed on the same day as the written decision. You must claim benefits each week prior to receipt of your determination in order to receive payment for those weeks. If you requested direct deposit of your check to your bank account, the first check will be deposited the same day the determination allowing benefits is mailed. The funds will be available the second business day after deposit. You may inquire by using OLIVoR or the Internet to verify the date your check was either mailed or deposited directly to your bank account.
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My checks always arrive on Thursday and today it didn't. What should I do?
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Wait. Although checks often arrive on the same day of the week, they occasionally arrive later due to mail service or government holidays. If you have not received your check within 10 days of the date you certified, you should contact your local career center.
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Yes. Any unemployment insurance benefits you receive are fully taxable income if you are required to file a tax return. At the time you file your claim, you may elect to have the department withhold state and/or federal tax on the benefits you receive. You may change this withholding election one time during the year. The department will send you a 1099-G form at the end of the calendar year showing how much in benefits you received during the previous year. It also shows the amount of taxes, if any, that were withheld. You should use this form when you file your income taxes to report benefits received and any taxes withheld by the department. Questions about filing should be directed to the IRS, to the State Department of Revenue, or to a tax consultant.
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I received two determinations on my claim. One says I can draw benefits and the other says I cannot. Which is correct?
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The department will release a determination on each separate issue on your claim. As a result, you may sometimes receive more than one determination. A decision imposing any kind of disqualification takes precedence over a decision allowing benefits. For example, you could receive a decision allowing benefits because you were laid off due to lack of work, but be ineligible because you do not have child care to enable you to look for another job.
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What if I disagree with the decision made on my claim?
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The only way for a decision to be reviewed and potentially reversed is to file an appeal. You have the right to file an appeal of any decision made by the department on your claim. The appeal rights expire 15 days after the date the decision is released. The Commissioner of Labor does not have the authority to intervene in the appeals process. If the decision is on your separation from work, your employer also has the right to appeal. An administrative hearing officer will conduct the appeal.
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Once an appeal is filed, it usually takes from 2 - 2 1/2 weeks for a hearing to take place. The department is required to send written notice of the hearing time, date, and all issues to be discussed. This notice must be mailed at least 10 days before the hearing takes place. A written decision is mailed to all interested parties.
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What if I disagree with the decision of the hearing officer?
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You may appeal to the Board of Review. The Board is a three-member panel appointed by the Governor. The Board reviews the entire record of the hearing held by the administrative hearing officer and all other relevant materials. The Board does not hold in-person hearings and does not take new evidence or testimony. The Board reviews the case and either affirms, modifies, or reverses the decision of the hearing officer. The Board's written decision is mailed to all interested parties.
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Can I appeal the Board of Review's decision?
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The Board's decision may be appealed to the Superior Court of the county in which the work was performed. A petition for review must be filed with the court. The department does not file these appeals. NOTE: If the work on which the claim was based was performed out of state, the appeal of the decision of the Board of Review must be filed in Fulton County Superior Court.
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