Fair Labor Standards Act

• The federal Fair Labor Standards Act contains regulations for employers and employees on minimum wage, overtime pay and exempt versus non-exempt classification. The FLSA also provides guidance to employees who haven't received their final pay from former employers -- employees who haven't received their final paycheck by the regular payday after their termination date are asked to contact the U.S. Department of Labor for assistance.
  
  

Georgia Laws

• Georgia wage and hour laws generally follow the federal laws on minimum wage, overtime pay and exempt classification, and although Georgia's minimum has traditionally been lower than the federal minimum wage, employees are entitled to the federal minimum wage, or the wage that favors the employee. Importantly, neither federal law nor Georgia state law mandates any kind of benefits such as vacation or sick leave. Employers that offer these benefits usually do so as part of a recruitment and retention strategy.
  
  

Unpaid Wages

• Employers that fail to pay their employees' wages can be in serious trouble with the federal U.S. Department of Labor as well as Georgia's state government. The agencies take nonpayment of earned wages very seriously and the federal labor department has the jurisdiction to investigate even anonymous claims pertaining to nonpayment. The federal government can assess fines, penalties and damages for each separate violation -- meaning for every paycheck not processed. The Georgia Department of Labor, however, recommends that employees seek redress through the county court system for speedier resolution of their claims for nonpayment of wages.
  
  

Vacation and Sick Leave

• Although not required, some Georgia employers provide benefits such as vacation or sick leave. According to the employer's workplace policy, the company may or may not pay employees for accrued but unused vacation, sick leave or personal time off. Key to whether an employer is required to pay accrued benefits upon termination depends is based solely upon the company's policy. It's within an employer's rights not to pay out accrued leave with the employee's final paycheck.