Hiring New Employees in Georgia: Legal Guidelines for Employers

Create a clear job description that outlines the position's responsibilities, required qualifications, and compensation. Ensure the job posting complies with Georgia's anti-discrimination laws and does not include any language that could be interpreted as discriminatory based on protected characteristics.

Develop an application form that collects necessary information from candidates while complying with Georgia employment laws. Avoid questions about age, race, religion, national origin, disability, or other protected characteristics. Include a statement about being an equal opportunity employer.

Interview qualified candidates and select the best fit for the position. Ensure all interview questions comply with anti-discrimination laws. Document the selection process and reasons for hiring decisions to protect against potential discrimination claims.

Draft an offer letter that includes the position title, start date, compensation, benefits, and employment classification (full-time, part-time, exempt, non-exempt). In Georgia, employment is generally at-will unless specified otherwise, so consider including an at-will employment statement.

If offering more than at-will employment, prepare a formal employment contract. Georgia follows the employment-at-will doctrine, but employers may choose to offer contracts with specific terms. Include details about job duties, compensation, benefits, term of employment, grounds for termination, and dispute resolution procedures.

Create an NDA to protect your company's confidential information and trade secrets. Georgia courts generally enforce reasonable NDAs. Ensure the agreement clearly defines what information is considered confidential and the employee's obligations regarding this information.

If necessary, draft a non-compete agreement. In Georgia, non-compete agreements must be reasonable in time, geographic area, and scope of prohibited activities. Since 2011, Georgia law (O.C.G.A. § 13-8-50) has been more employer-friendly regarding enforcement of non-competes, but they still must be carefully drafted to be enforceable.

Create a form that complies with the Fair Credit Reporting Act (FCRA) and Georgia law for conducting background checks. Obtain written consent from the candidate before conducting any background checks. The form should clearly disclose that a background check will be performed and how the information will be used.

After receiving signed authorization, conduct background checks in compliance with federal and Georgia laws. If you decide not to hire based on information in the background check, follow FCRA adverse action procedures, including providing pre-adverse action and adverse action notices.

If this is your first employee in Georgia, register with the Georgia Department of Labor for unemployment insurance. All employers must register within 30 days of becoming liable for unemployment insurance tax.

Register with the Georgia Department of Revenue for state income tax withholding if this is your first employee. You'll need to obtain a Georgia withholding tax number.

Georgia law requires employers with three or more employees to carry workers' compensation insurance. Even if you're hiring your first employee, it's advisable to obtain coverage. Contact the Georgia State Board of Workers' Compensation for more information.

Federal law requires all employers to verify employment eligibility using Form I-9. The employee must complete Section 1 on or before their first day of work. You must complete Section 2 within 3 business days of the employee's start date by examining acceptable documents that establish identity and employment authorization.

Have the new employee complete a federal W-4 form to determine federal income tax withholding. This form should be kept in the employee's file and used to calculate proper tax withholding.

Have the employee complete Georgia Form G-4 for state income tax withholding. If the employee doesn't complete this form, you must withhold at the highest rate.

Federal and Georgia law requires employers to report new hires to the Georgia New Hire Reporting Center within 10 days of hire. This information is used primarily to enforce child support obligations. Report can be submitted online through the Georgia Department of Human Services website.

If offering direct deposit, provide a form for the employee to authorize electronic deposits and provide their banking information. In Georgia, employers cannot require direct deposit unless they offer an alternative payment method.

Have the employee provide emergency contact information. This is not legally required but is a best practice for workplace safety and emergency preparedness.

If offering benefits such as health insurance, retirement plans, or other voluntary benefits, provide the necessary enrollment forms. Explain enrollment deadlines, waiting periods, and coverage details.

Create an employee handbook that outlines company policies, procedures, and expectations. Include policies on equal employment opportunity, anti-harassment, attendance, leave, benefits, discipline, and other important topics. Georgia-specific policies should address wage payment methods, final pay requirements, and at-will employment status.

Federal and Georgia law require employers to display certain posters in the workplace. These include federal posters (minimum wage, FMLA, OSHA, etc.) and Georgia-specific posters (workers' compensation, unemployment insurance, etc.). Posters should be displayed in a conspicuous location accessible to all employees.

Provide orientation for the new employee covering company policies, procedures, safety protocols, and job-specific training. Document the orientation to demonstrate compliance with training requirements.

Ensure your payroll system is set up to properly calculate and withhold federal and Georgia state taxes, Social Security, and Medicare. Georgia requires employers to pay employees at regular intervals and provide pay stubs with specific information.

Set up a system to maintain required employment records. Federal and Georgia laws require employers to keep various records, including payroll records, tax forms, time records, and personnel files. Most records must be kept for at least 3 years.