Free Georgia Labor and Employment FAQs | Free Georgia Labor and Employment Legal Documents

Am I Eligible If I Received A Retirement Pension Or Severance Pay?

Tue, 29 May 2007 21:19:00 GMT

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, they will reduce your weekly benefit amount dollar for dollar by the weekly amount of the pension that is attributable to the employer.

If your employer paid you wages in lieu of notice or separation pay, you are usually not eligible for unemployment insurance benefits during the period covered by the separation pay.

Am I Entitled To Meal And Rest Breaks?

Tue, 29 May 2007 21:19:00 GMT

No. An employer is not required to provide meal or rest breaks.

Are Labor Unions And Hiring Halls Required To Report?

Tue, 29 May 2007 21:19:00 GMT

Labor unions and hiring halls must report their own employees, that is, individuals who work directly for the labor union or hiring hall. If the labor union or hiring hall simply refers individuals for employment, a new hire report does not need to be filed.

Are Minors Prohibited From Working In Any Specific Occupations?

Tue, 29 May 2007 21:19:00 GMT

Minors who are 17 years of age or under may not work in certain hazardous occupations. Examples of such occupations are: manufacturing and storing explosives; motor vehicle driving and outside helper; coal mining; logging and saw milling; powerdriven woodworking machines; exposure to radioactive substances; powerdriven hoisting apparatus; powerdriven metalforming, punching, and shearing machines; mining; slaughtering; meatpacking, processing or rendering; powerdriven bakery machines; powerdriven paper products machines; manufacturing brick, tile, and kindred products; powerdriven circular saws, band saws, and guillotine shears; wrecking; demolition, and shipbreaking operations; roofing operations; excavation operations. (NOTE: 17 year olds may drive on public roadways if certain requirements are met).

In addition to the above, minors 15 years of age and under are prohibited from occupations such as: machinery; motor vehicles; equipment; food process; fixtures; railroads; unguarded gears; vessels or boats; dangerous gases or acids; communication or public utilities; freezers; meat coolers; loading and unloading trucks, railroad cars, conveyors, etc.; warehouses; scaffolding or construction; mines, coke breaker, coke oven, or quarry, manufacturing; mining; public messenger service; construction; work in/about boilers or engine rooms; cooking; (Includes power mowers or cutters including weed eaters).

Minors may not dispense, serve, sell or take orders for alcoholic beverages except where alcohol is sold for consumption off the premises.

Are There Restrictions On The Hours A Minor May Be Employed?

Tue, 29 May 2007 21:19:00 GMT

There are only restrictions for minors 15 years of age and under. They are as follows:

3 Hrs on a school day
8 Hrs on a nonschool day.
18 Hrs in a school week.
40 Hrs in a nonschool week.
Not before: 7:00 a.m.
Not after: 7:00 p.m.

Evening hour extended to 9:00 p.m. for period June 1, through Labor Day. May not work during normal school hours.

Minors who work for a parent or guardian who owns the business are exempt from these restrictions.

Are There Special Requirements For Employment In The Entertainment Industry?

Tue, 29 May 2007 21:19:00 GMT

Employment in the entertainment industry requires special application and certificate of consent. The employer must complete an Application for the Employment of Minors in Entertainment (DOL4100) and submits it along with the script or storyboard to:

Georgia Department of Labor
Child Labor Section
148 International Blvd., N.E., Suite 810
Atlanta, Georgia 303031751

Phone:(404) 656 3613

FAX: (404) 657 Û 0019

If all is acceptable with the application, a Consent for the Employment of Minors will be issued to the employer. Minors 15 years of age and under may not work or be present at a performance for more than 10 hours. This 10hour period must include a minimum of a onehour break for meals. If at any time a minor is present on a production or performance site for greater than 4 hours, one hour rest and recreation must be provided, and, additional breaks as may be required to ensure the health, safety and well being of the minor shall be permitted.

Are Unemployment Insurance Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

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 benefit year.

The department will send you a 1099G 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.

As A Multistate Employer; Do I Have To Report To Each State In Which I Have Employees?

Tue, 29 May 2007 21:19:00 GMT

If you are a multistate employer, you may report newly hired employees to the State in which they are working or you may select one State to which to report all of your new hires. If one State is chosen, your new hire reports must be submitted by magnetic tape or electronically4 Contact the State you wish to report to for the data specifications and file layout for reporting electronically or by magnetic tape. Procedures to select and notify the Department of Health and Human Services of your state choice are being developed and will be provided to employers soon.

Can An Employer Send An Outdated W~4?

Tue, 29 May 2007 21:19:00 GMT

Yes, but if you need new W~4`s, please call the Internal Revenue Service.

Can I Appeal The Board Of Review's Decision?

Tue, 29 May 2007 21:19:00 GMT

The Board's decision must be appealed to the Superior Court of the county in which the work was performed. This also is a reviewtype appeal. A petition for review must be filed with the court and usually requires the assistance of an attorney.

Can I File A Claim If I Earned Wages In Another State?

Tue, 29 May 2007 21:19:00 GMT

You can file a Georgia claim if you have any wages earned in Georgia in your base period. If you have earned wages in another state during the base period, those earnings may be added to your Georgia wages to increase your benefit amount (up to the maximum allowed in Georgia).

If all of your wages were earned in another state during the base period and you now live in Georgia, you may file an interstate claim. The Georgia Department of Labor acts as the agent for the state where you can establish a claim. That state is the paying state and its rules and regulations determine whether you can establish a claim, how much the claim is potentially worth and all other requirements. You, however, must register for work at a Georgia Department of Labor office.

Can I Work While I Am Drawing Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes, but you must report any earnings you have in a week you are claiming benefits. Any amount over $30 will be deducted from your weekly benefit amount. You must report all earnings for the week the work was actually performed, not necessarily the week you received payment.

Do An Employer Have To Include My Fein On Line 10 Of The W4? The Instructions Say To Only Include It If I Sent It To The Irs.

Tue, 29 May 2007 21:19:00 GMT

Yes, if you are sending in your report by W~4, you need to include the employer name, address and Federal Employer Identification number.

Do I Have To Repay Any Overpayment Of Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you are overpaid benefits the Department of Labor will mail you a determination telling you why you were overpaid, what weeks were overpaid and the total amount of the overpayment. You must repay the money immediately. If you cannot repay it all at once, they will work out a payment schedule for you. If the money is not repaid, it could affect future claims for unemployment insurance. In cases of overpayments made because of fraudulent statements you made, the department can press criminal charges.

Do Temporary Services Have To Report All Their New Hires For Every Assignment?

Tue, 29 May 2007 21:19:00 GMT

The agency needs to report each employee who fills out a W4.

Does An Employer Have To Report If They Do Not Hire Anyone?

Tue, 29 May 2007 21:19:00 GMT

How Do I Claim Benefits Each Week?

Tue, 29 May 2007 21:19:00 GMT

Once you file your claim, you will be required to certify as to your eligibility for each week you claim benefits. You may report by telephone using the telephone response system OLIVoR:

OLIVoR Telephone Numbers
Albany 9124302979 Gainesville 7705356955
Athens 7063696081 Griffin 7704124716
Atlanta area 4046566000 LaGrange 7068454227
Augusta 7067212011 Macon 9127514400
Brunswick 9122623311 Milledgeville 9124456421
Carrollton 7708302387 Moultrie 9128917140
Cartersville 7703874091 Rome 7062956145
Columbus 7066491141 Savannah 9123533168
Dalton 7062722193 Statesboro 9128711200
Douglas 9123894435 Tifton 9123867300
Dublin 9122756890 Valdosta 9122453837
Waycross 9122876690

Interstate Claimants: Call (404) 6566000 or the OLIVoR number for the above Georgia city closest to you.

You may also claim weekly benefits online: Enter weekly certification for unemployment insurance benefits

The OLIVoR telephone system and the online Internet system are available 24 hours a day, seven days a week. In addition to using OLIVoR and the Internet to certify, you may also ask about the payment status of your check.

How Do I Determine Whether Or Not I Must Pay Unemployment Taxes?

Mon, 04 Jun 2007 21:51:22 GMT

An employer who meets any of the following criteria is liable for unemployment taxes:

employers with a quarterly payroll of $1500 or at least one worker in 20 different calendar weeks during a calendar year; or
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
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.).

The pamphlet: Information About Unemployment Insurance for Employers will provide detailed information.

How Do I File My Initial Claim For Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may file your claim at the Georgia Department of Labor (GDL) Career Center nearest you. You may find out which office in Georgia serves your area by clicking here GDL Career Centers

Bring your Social Security number. If you were given a separation notice or letter by your former employer, bring that also. You 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 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 name and routing number.

How Do I Qualify For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

The main qualification requirements are as follows:

You must meet certain earnings requirements. That means that you must have earned enough wages in your claim base period to monetarily establish a claim.
You must be unemployed through no fault of your own.
You must be able to work, available for work and searching for work.

The Benefits Rights and Responsibilities pamphlet will provide more detailed information.

How Do I Qualify Under Monetary Requirements?

Tue, 29 May 2007 21:19:00 GMT

Your claim is based on insured wages earned in the base period. The base period is the first four out of the last five completed calendar quarters before the starting date of your claim. You have to have been paid wages in at least two quarters of the base period. You must have been paid wages that total at least $1,296 in the two highest quarters of the base period. Your total base period wages must be at least 1 1/2 times the earnings in the high quarter, however, when the only reason that a person fails to qualify is the 1 1/2 times requirement, an alternate calculation may be used to determine monetary eligibility.

How Do I Set Up An Unemployment Insurance Tax Account In Georgia?

Tue, 29 May 2007 21:19:00 GMT

You must complete a DOL1A, Status Report form and return it to the Georgia Department of Labor, Suite 850, 148 Andrew Young International Blvd., Atlanta, GA. 303031751. CLICK HERE to download DOL_1A.

How Does An Employer Report?

Tue, 29 May 2007 21:19:00 GMT

Fax or mail the new hire reporting form, W4 printed list, computer disk, tape, or cartridge, Internet, or preformatted diskette or call the center to report the new hire.

How Is My Tax Rate Calculated?

Tue, 03 Jun 2008 13:17:54 GMT

Liable employers pay tax on the first $8,500 earnings for each employee each year. Each year all active employers are mailed a Tax Rate Notice, form DOL626, showing the tax rate for the following year. Newly liable employers are assigned a beginning rate of 2.70%. Tax rate calculations consider the history of unemployment insurance benefits paid to former workers, growth of an employer's payroll and the overall unemployment conditions for the state.

How Is The Information Going To Be Used?

Tue, 29 May 2007 21:19:00 GMT

Child support staff will use the information to locate noncustodial obligors and collect child support for children.

How Much Compensation Will I Receive?

Tue, 29 May 2007 21:19:00 GMT

After filing your claim, you will receive a Wage Transcript and Monetary Determination. This form shows: all employers that our records show you worked for in Georgia during your base period; the wages you were paid during each quarter; your weekly benefit amount; the duration of your claim (the number of weeks payable); and if you are not eligible monetarily, the reason(s) why.

Your weekly benefit amount (up to the current weekly maximum amount) is computed by dividing the two highest quarter wages paid to you in your base period by 48. The minimum benefit is $40 and maximum is $295 per week.

The maximum number of weeks for any claim is 26. The minimum number of weeks is eight. The actual number of weeks established for your claim depends on your earnings in your base period.

How Will States In Which I Have Employees Working Know That I Have Selected Another State To Receive My New Hire Reports?

Tue, 29 May 2007 21:19:00 GMT

The National Directory of New Hires will maintain a list of multistate employers and their designated reporting locations. This data will be made available to all States.

I Report Employee Information To The Georgia Department Of Labor Every Quarter. Why Must I Report It When I Hire?

Mon, 04 Jun 2007 21:51:22 GMT

New hire information from the Department of Labor report becomes available two to six months after hire. When you immediately report new hires, we have a much better chance of locating the delinquent parent while employed and quickly starting the required child support.

If I Take Over A Business, Do I Have To Report All The Employees?

Tue, 29 May 2007 21:19:00 GMT

No, not if these employees have previously been reported, but employers must report new hires for the new business.

Is A Claimant Eligible For Benefits If He Or She Quit Or Was Terminated?

Mon, 04 Jun 2007 21:51:22 GMT

If you quit, you may be eligible to draw benefits if you can show that you quit for a valid workconnected reason, such as a material change in working conditions, material change in working agreement, nonpayment for your 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 reason.

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 of your employer or you were fired for misconduct on the job.

Is A Post Office Box Sufficient For An Employer Address?

Tue, 29 May 2007 21:19:00 GMT

Yes.

Is A Work Permit Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

The minimum age for employment is 14 years of age. An employment certificate is required for minors who are 17 years of age and under. Minors may obtain Employment Certificates from the school they attend (including most private schools) or from the School Superintendent's office.

Is Anyone Exempt From This Law?

Tue, 29 May 2007 21:19:00 GMT

No one is exempt from this law.

What An Employer Has Other Questions Regarding Child Support?

Tue, 29 May 2007 21:19:00 GMT

Please call 14046573874.

What Are The Advantages For Employers?

Tue, 29 May 2007 21:19:00 GMT

The new hire reporting law replaces the child support disclosure law requiring employers to ask all new employees if they have a child support obligation. New hire reporting is less intrusive for employers and employees, provides flexible reporting methods with minimal costs, and creates one central reporting location. Another direct benefit to employers is the prevention of fraudulent unemployment and workers` compensation payments.

What Can I Do If I Disagree With The Decision Of The Hearing Officer?

Tue, 29 May 2007 21:19:00 GMT

If you are still not satisfied with the decision, you may appeal to the Board of Review. The Board is a 3member 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. They do not hold a hearing with the parties present. They do not take new evidence or testimony. They review the case and either affirm, modify or reverse the decision of the hearing officer. Sometimes they may send the case back (remand) to the hearing officer to rehear or to take additional testimony. The Board's written decision is mailed to all interested parties. The decision gives appeal rights for appealing the Board's decision.

What Happens After I File My Initial Claim?

Tue, 29 May 2007 21:19:00 GMT

Your claim is effective the date you first file for benefits. The department will send you a written decision (called a determination) telling you whether benefits are allowed 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 check will usually be mailed on the same day as the written determination. 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.

What If An Employee Worked A Couple Days And Then Quit?

Mon, 04 Jun 2007 21:51:22 GMT

If that employee filled out a WA, then you must report that employee.

What If I Disagree With A Denial Of Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You have the right to file an appeal of any decision within 15 days after the date the decision is released. If the decision is on your separation from work, your employer also has the right to appeal.

After you file your appeal, a written notice will be sent advising you of the hearing time, date and all issues to be discussed. A hearing officer conducts a telephone (or sometimes an inperson) hearing with you and your employer. The hearing is usually conducted with both parties on the telephone at the same time. In this hearing the participants give sworn statements about the issue(s) which were on the notice of hearing. Documents which relate to the case may be submitted into evidence for the hearing officer to consider in making a decision.

The hearing officer reviews all of the testimony and evidence from the hearing and then writes a decision, which is mailed to the parties involved.

Contact information is as follows:

Georgia Department of Labor
Unemployment Insurance
Appeals Unit Suite 150
148 International Blvd., NE
Atlanta, Georgia 303031751
FAX 4046567361
TEL 4046563035
The Appeals Pamphlet will provide more detailed information on the process.

What Information Must An Employer Report?

Tue, 29 May 2007 21:19:00 GMT

The employee`s name, address, social security number and date of birth, state of hire, and date of hire. Also the employer`s name, address, telephone number, Federal Employer identification number, medical insurance availability and indicate if employer is a multistate employer.

What Is The Law For Child Support And Employers?

Tue, 29 May 2007 21:19:00 GMT

Georgia Statute 19119.2 requires all Georgia employers to report all newly hired employees.

What is the minimum wage in Georgia?

Tue, 29 May 2007 21:19:00 GMT

The current minimum wage in Georgia is $5.15 per hour. This does not apply to:

Any employer that has sales of $40,000.00 per year or less;
Any employer having five employees or less;
Any employer of domestic employees;
Any employer who is a farm owner, sharecropper, or land renter;
Any employee whose compensation consists wholly or partially of gratuities;
Any employee who is a high school or college student;
Any individual who is employed as a newspaper carrier; or
Any individual who is employed by a nonprofit childcaring institution or longterm care facility serving children or mentally disabled adults who are enrolled in such institution and reside in residential facilities of the institution, if such employee resides in such facilities, receives without cost board and lodging from such institution, and is compensated on a cash basis at an annual rate of not less than $10,000.00.

When Must An Employer Report?

Tue, 29 May 2007 21:19:00 GMT

Within 10 days of the hire date.

Where Can I Get More Information On Child Labor?

Tue, 29 May 2007 21:19:00 GMT

For more information contact:

Georgia Department of LaborChild Labor Section Phone: (404) 656 3613

Where Does The Employer Send The Reports?

Tue, 29 May 2007 21:19:00 GMT

Send reports to: Georgia New Hire Reporting center P.O. BOX 38480 ATLANTA, GA 303340480

Who Needs To Report?

Tue, 29 May 2007 21:19:00 GMT

Employers or labor organizations in the State of Georgia.

Who Will Have This Information?

Tue, 29 May 2007 21:19:00 GMT

Department of Human Resources Child Support Enforcement will have this information and will work with any other affected department including, but not limited to the Temporary Assistance for Needy Families program and the food stamp program4 The Department of Labor also receives this information to aid in determining claims of unemployment and to assist in the verification of wages being reported by employees.

Whom Must Employers Report?

Tue, 29 May 2007 21:19:00 GMT

Employers shall report all employees who reside or work in the State to whom the employer anticipates paying earnings. Employers must also report rehires or the return to work of an employee who has been laid off, furloughed, separated, granted a leave without pay, or terminated from employment.

Why Do We Need This Law?

Tue, 29 May 2007 21:19:00 GMT

Prompt reporting of new hires improves child support collections and reduces public assistance costs.

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