Employer of Record for Georgia

Guide to Hiring Employees in Georgia

Your guide to hiring employees in Georgia, covering employment and labor laws, payroll, benefits, onboarding and taxes. You can also manage and pay your contractors in Georgia through Playroll.

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Iconic Image Of Georgia

Capital City

Atlanta

Timezone

EST

(

GMT -5

)

Paid Leave

Only voting leave

Income Tax

5.49%

Employer Tax

16.35%

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How to Hire Employees In Georgia

Hiring in Georgia for the first time can be challenging, especially with the state's complex employment laws. Whether you're hiring independent contractors, setting up a legal entity, partnering with a PEO, or using an Employer of Record (EOR), it's essential to understand the local employment landscape. Playroll's comprehensive guide is here to help, whether you're onboarding local talent or relocating team members.

Here are four primary ways companies can hire employees in Georgia:

  • Establishing a local entity: Creating a legal entity in Georgia allows for direct hiring, but it can be costly and time-consuming. However, it gives you full control over employment and reduces risk exposure.
  • Partnering with an Employer of Record (EOR): An EOR, like Playroll, takes on the legal responsibilities of employment, acting as the employer on your behalf. This option streamlines hiring, payroll, and compliance with Georgia’s labor laws, helping you hire in Georgia without navigating the complex legal landscape yourself.
  • Working with a Professional Employer Organization (PEO): A PEO, such as Playroll, co-employs your team, managing essential HR functions like payroll, benefits, and compliance. Partnering with a PEO ensures you meet Georgia’s labor regulations while offering competitive employee benefits.
  • Hiring independent contractors: Hiring independent contractors can be more cost-effective, but Georgia has strict contractor classification rules. Proper classification is essential to avoid penalties for misclassification when hiring in Georgia.

Complying with Georgia specific employment regulations and federal laws is critical to avoiding legal risks and costly fines. Our guide focuses on hiring in Georgia, employment compliance, and how Playroll’s services can support your business as you navigate the complexities of hiring in the state.

Good To Know

Georgia provides a skilled workforce, especially in technology, healthcare, and finance.

The state’s lower cost of living makes it more affordable to attract and retain talent.

Georgia’s East Coast time zone supports easy collaboration with teams across the region.

Key Things to Know About Hiring in Georgia

Do I need an EIN or Payroll Tax Number to Employ in Georgia?

Yes, to employ in Georgia, you’ll need both an EIN from the IRS for federal taxes and a Georgia Payroll Tax Number for state withholding and unemployment taxes.

Working Hours in Georgia

In Georgia, both state and federal laws, primarily the Fair Labor Standards Act (FLSA), govern working hours, establishing a standard 40-hour workweek and requiring overtime pay at 1.5 times the regular rate for hours worked beyond 40 in a week.

What is considered full-time employment in Georgia?

Neither state nor federal law explicitly defines full-time employment, but for certain purposes, such as benefit eligibility, Georgia's State Personnel Board considers full-time employment to be a schedule of at least 40 hours per week.

Probation Period in Georgia

In Georgia, employment probation periods are set by individual employers, as no state law mandates their duration; they typically range from 30 to 180 days, with 90 days being common.

Georgia Employment Laws for Hiring

Minimum wage in Georgia

Minimum wage in Georgia follows federal laws, check out our federal guide here.

Georgia Anti-Discrimination Laws

Georgia’s Fair Employment Practices Act (FEPA) prohibits employment discrimination based on race, color, religion, sex, national origin, disability, age (40+), and genetic information. This law applies to employers with 15 or more employees in Georgia.

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Onboarding New Hires in Georgia

We can help you get your new employee started in Georgia fast, with a minimum onboarding time from just 1-2 working days. Note that the timeline is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Playroll platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Playroll’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll Services For Georgia

Georgia law requires employers to pay employees at least twice a month, dividing the month into two equal or nearly equal pay periods. This means employees should receive their wages at least semi-monthly, but not less frequently than that.

Looking to grow your team in Georgia?

Stay Compliant: Navigate Georgia’s complex labor laws with ease.

Affordable Solution: Reduce costs with a budget-friendly EOR option.

Top-Tier Benefits: Access competitive Georgia and federal employee benefits for a stronger team.

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Overview of Employment Taxes in Georgia

Employer Tax Contributions

Employment Tax TypeTax Rate
Social securityAs per federal legislation
Medicare taxAs per federal legislation
State Unemployment Insurance0.027
Federal Unemployment Tax Act (FUTA)As per federal legislation

Employee Payroll Tax Contributions

Employee Payroll Tax ContributionTax Rate
Social securityAs per federal legislation
Federal Income taxAs per federal legislation
Medicare taxAs per federal legislation
State Income Tax0.0539

Tax Due Dates in Georgia

In Georgia, the deadline for filing individual state income tax returns aligns with the federal deadline, typically on April 15. If April 15 falls on a weekend or federal holiday, the deadline is extended to the next business day.

Pension in Georgia

For private-sector employers in Georgia, offering a pension plan is not a requirement. However, if an employer chooses to provide a pension or retirement plan, it must comply with federal ERISA standards. ERISA mandates that plan administrators provide essential plan information, uphold fiduciary responsibilities, and meet specific funding requirements.

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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in Georgia tailored to your needs.

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Benefit Requirements for Employers in Georgia

In Georgia, employers are required to provide certain benefits, including federal minimum wage, overtime pay, workers' compensation for businesses with three or more employees, unemployment insurance, unpaid family leave under FMLA, and unpaid jury duty leave. Employers with 50 or more full-time employees must also offer health insurance, while additional benefits like paid time off remain optional.

Are employers required to provide health insurance in Georgia?

Under the federal Affordable Care Act (ACA), employers with 50 or more full-time employees must provide health insurance that meets minimum essential coverage standards. Employers with fewer than 50 employees are not required to offer health insurance but may choose to provide it voluntarily.

Do part-time employees get benefits in Georgia?

In Georgia, the provision of benefits for part-time employees is largely at the employer's discretion, as state law does not mandate benefits specifically for part-time workers. However, certain federal requirements may apply such as workers' compensation and unemployment insurance (only if they meet the wage requirements).

Are employers required to offer 401k in Georgia?

In Georgia, employers are not required to offer a 401(k) retirement plan, but many choose to provide it as a benefit to attract and retain employees. If an employer offers a 401(k), they must comply with federal regulations under the Employee Retirement Income Security Act (ERISA), which includes fiduciary responsibilities, providing plan information to participants, and meeting specific funding standards.

It’s Easy To Manage Benefits For Employees In Georgia With Playroll

Paid and Unpaid Leave Policies in Georgia

Is vacation leave mandatory in Georgia?

Employees in the private sector are not entitled to vacation leave. Georgia does not require employers to provide paid time off or vacation leave. Any PTO policies are at the employer's discretion.

What are Mandatory Leave Entitlements in Georgia?

Type of LeaveTime PeriodMandatoryPay StatusEligibility Criteria
Family and Medical Leave (FMLA)As stipulated by federal FMLA legislationYesUnpaidAs stipulated by federal FMLA legislation
Jury Duty LeaveDuration of jury serviceYesUnpaidApplies to all employees called by the Jury
Voting leave2 hoursYesPaidEmployees must provide reasonable notice to their employer to qualify.

Paid Time Off in Georgia

In Georgia, employers are not legally required to provide any paid leave, except for voting leave.

Maternity Leave In Georgia

The leave is a federal requirement. Under the Family and Medical Leave Act (FMLA), employers with 50 or more employees must provide unpaid, job-protected leave for eligible employees. This leave can be taken for:

  • The birth or adoption of a child
  • Serious health conditions of the employee or a close family member
  • Certain military family needs

Paternity Leave In Georgia

In Georgia, there is no specific state law that mandates paternity leave. Eligible employees can use FMLA leave for the birth of a child and to bond with the newborn within the first year after birth. This includes both fathers and mothers. This leave is unpaid.

Sick Leave In Georgia

Georgia does not have a law requiring private-sector employers to provide sick leave, whether paid or unpaid. Employers who choose to offer sick leave must follow their own established policies. 

Military Leave in Georgia

In Georgia, employees called to active duty in the U.S. uniformed services, the Georgia National Guard, or other state national guards are entitled to unlimited unpaid leave for active service, and up to six months of leave within a four-year period for service school or annual training. They are eligible for reinstatement with full benefits unless reinstatement is impossible or unreasonable due to changes in the employer's circumstances. Employees must apply for reinstatement within 90 days of discharge or within ten days of completing training. Georgia law also prohibits discrimination against members of the U.S. reserves or state militia.

Jury Duty in Georgia

Georgia law requires employers to provide unpaid leave for employees called to serve on a jury. This leave is mandatory and employees cannot be punished for serving jury duty.

Parental Leave In Georgia

Parental leave in Georgia is governed by the Family and Medical leave Act. FMLA covers pregnancy-related medical leave and bonding time for new parents (birth or adoption). Georgia does not provide extended parental leave beyond the federal legislation.

Employment Termination Protocols in Georgia

Termination Process in Georgia

In Georgia, the termination process is primarily governed by the state's at-will employment doctrine, which allows employers to terminate employees at any time, for any reason, or for no reason at all, provided the reason is not illegal. The termination may not be due to discriminatory reasons such as race, gender, religion etc. 

Notice Period in Georgia

In Georgia, there is no legally required notice period for terminating employment. Employers may choose to add notice periods to their employment contracts. Employers are required to provide a completed Separation Notice (Form DOL-800) to the employee on their last working day. This form outlines the reason for separation and is necessary for the employee to file for unemployment benefits. 

Severance in Georgia

The final paycheck should include all earned wages up to the termination date. Payment for accrued but unused vacation time is not required unless stipulated by company policy or employment contract.

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FAQS

FAQs About Hiring In Georgia

What is the minimum wage in Georgia?

As of January 1, 2024, Georgia’s minimum wage rates are:

  • $5.15 per hour, with federal minimum wage of $7.25 per hour applied in most cases.
  • Applies across all sectors.

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