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Summary of difference between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Georgia law does not require private employers to pay employees on jury duty, but only says that employers may not “discharge, discipline, or otherwise penalize an employee” for his or her jury service obligation.
However, an opinion letter (No. 89-55) from the state Attorney General (AG) interprets the term “penalize” to include wages or salary, and concludes that employers must continue paying wages or salary during a period of jury service. However, employers can reduce the amount of the regular wages or salary by any amounts the individual receives as jury pay.
Employers should be aware that even though the state statute does not technically require the continuation of wages, the AG opinion imposes a certain obligation. An employer could challenge the AG opinion in court to avoid payment of wages or salary during jury service, but the costs of a court challenge may exceed the amount of wages owed to the employee.
Voting
For municipal, county, state, or federal political party primary elections Georgia law allows an employee sufficient time to vote (up to two hours), including for advance in-person voting.
Deductions of pay are allowed for periods of more than two hours. Employee must give notice that time off for voting is needed. The employer can specify the two hours the employee can use to vote.
Employers must, however, give employees time off to vote even if employees can vote during non-working hours.
Judicial proceedings
Georgia law prohibits employers from discriminating against employees for attending a judicial proceeding in response to a court order or process. The law prohibits discharge, discipline or other penalties against an employee for an absence to attend a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires attendance. Similarly, employers may not threaten or otherwise indicate that the employee’s absence would be subject to discipline, termination, or other adverse action. However, the employer can still require the employee to provide reasonable notification of the expected absence or delay in reporting to work in order to attend a judicial proceeding.
This provision for leave does not apply to an employee who is charged with a crime.
State
Contacts
Jury duty
Georgia Attorney General Office
Voting
Judicial proceedings
Regulations
Jury duty
www.lexisnexis.com/hottopics/gacode/Default.asp
Voting
www.lexisnexis.com/hottopics/gacode/Default.asp
Judicial proceedings
Georgia Code Annotated, §34-1-3
Federal
Contacts
None.
Statutes/Regulations
None.