A Georgia employment contract details the terms and conditions of employment and protects both the employer and the employee. The document clearly outlines the expected responsibilities of the employee and what salary and benefits they will receive from the employer.
For a contract to be valid in Georgia, it must meet certain key elements, including the contractual subject matter, the parties’ mutual agreement and capacity to contract, and the consideration [1] .
- Laws: Code of Georgia Title 34.
- Definition of Employee: GA Code § 34-9-1(2): Every person who, with several exceptions, is “in the service of another under any contract of hire or apprenticeship, written or implied.”
By Type
Independent Contractor Agreement
Defines the collaboration between a contractor and employer.
Subcontractor Agreement
Establishes the terms and conditions of a collaboration between a subcontractor and a general contractor.
Employee Non-Compete Agreement
Allows employers to restrict an employee’s ability to provide competing services.
Employee Non-Disclosure Agreement
Imposes limits on the disclosure of confidential material.
Hiring in Georgia
Before you write an employment contract, you need to be aware of Georgia’s labor laws and requirements.
At-Will Employment
There are no state exceptions for at-will employment in Georgia.
Minimum Wage ($/hr)
Basic Minimum Rate (per hour): $5.15.
Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour.
There are exceptions for who should be paid the minimum wage in Georgia, such as those under 20 years old ($4.25), full-time high school or college students who work part-time (85% of the minimum wage) and tipped employees (must earn a minimum of $7.25 an hour, including tips) [2] .
Child Labor
In Georgia, employment certificates are mandatory for minors [3] . However, age certification is not required.
Payday
Georgia requires employers to pay hourly employees at least semi-monthly.
Meal and Rest Breaks
There are no requirements in Georgia for employers to have minimum paid rest periods or minimum meal periods.
Recordkeeping Requirements
Employers in Georgia are required to keep employee records of personal information, wages, and hours for at least one year after the record is made [4] , and on:
- Safety and health/workers’ compensation
- Child labor
- Unemployment insurance (4 years)
Sample
Use a Georgia employment contract template to ensure you include all necessary information. Download one below in PDF or Word format.
