Georgia Right-To-Work Laws

A labor union is an organized group of similarly situated employees. They exist to champion employee rights in employee-employer relations. Employees acting together have more power than those acting alone, which helps even the field when dealing with employers. Labor unions handle issues such as negotiating employment terms, benefits, work hours, and grievance procedures. They also represent employees in workplace disputes, seek policies that protect workers’ civil rights, and advocate for laws that favor employee interests.

If you live in a right-to-work state like Georgia, your employer cannot force you to join a union or pay union dues as a condition of employment. Workers can unionize, but you have the right to work, whether you choose to join the union or not. This article covers right-to-work basics, policies like sick leave and meal breaks, and the difference between at-will employment and right-to-work in the state of Georgia.

Right-To-Work Basics

About half of the states are “right-to-work.” In a right-to-work state, it’s illegal to require employees to join a union or pay union dues. In non-right-to-work states, Private-sector workers in other states can be required to pay fees to the union that represents them, even if they choose not to formally join it. Federal law bans requiring formal union membership as a hiring condition nationwide. Non-right-to-work states are closer to allowing mandatory representation fees than true union membership dues.

Dues cover everything the union does, including political and lobbying activities. Fees are a reduced amount that covers only the union’s core representational work, such as employment policy bargaining, contract administration, and grievance procedures.

Public employers can’t require government workers to pay any union fees unless they opt in. In a 2018 case, the U.S. Supreme Court ruled that requiring public employees to pay union fees without their affirmative consent violated the First Amendment.

Union supporters don’t favor right-to-work status. This stems from their belief that all workers benefit from union activities and should contribute. In right-to-work states, employers can circumvent union-negotiated contract terms by hiring non-union members, minimizing the union’s power.

Employers can counter that they want the freedom to choose who they hire. Right-to-work supporters feel that joining a union and paying dues should be a worker’s option.

Right-To-Work in Georgia

Under Georgia law, an individual can’t be forced to become or remain a union member as a condition of employment, despite benefiting from the union’s collective bargaining efforts. A Georgia employer or a labor organization that violates the right-to-work law may face misdemeanor criminal liability, separate from any civil action the affected employee may bring. In a civil claim, the worker may be entitled to receive injunctive relief and money for damages and attorneys’ fees.

At-Will Employment vs. Right-to-Work

The terms “at-will employment” and “right-to-work” answer completely different questions. Right-to-work answers whether or not you can be required to join a union or to pay union fees as a condition of employment. At-will employment relates to job security.

Under Georgia law, an indefinite hiring may be terminated at will by either party. Without an employment contract term stating otherwise, the employment relationship can end at any time.

At-will employment does not mean your employer can fire you for an illegal reason. Illegal reasons for firing an employee include:

• Discrimination: Includes firings based on a protected characteristic such as race, color, religion, sex, national origin, age, disability, or genetic information that are illegal under federal law
• Retaliation for whistleblowing: State law protects Georgia public employees against employer retaliation for certain whistleblowing activities, while private employees are covered by federal whistleblower protections
• Retaliation for exercising a federally protected right: Violations under the Family and Medical Leave Act (FMLA), Occupational Safety and Health Administration (OSHA), serving jury duty, or Uniformed Services Employment and Reemployment Rights Act (USERRA) rights tied to military service
• Retaliation for exercising right-to-work protections: Firing someone for refusing to join a union or for asserting their right-to-work protections

Georgia is both a right-to-work state and an at-will employment state, but these two legal principles exist independently. Your right-to-work protections don’t affect how easily you or your employer can terminate your employment, and your at-will status doesn’t affect whether you can be forced into union membership.

Federal Law for Georgia Employees

Because Georgia employment laws are minimal, most regulations are based on federal laws. In general, the federal statutes set a baseline, not a ceiling. For example, Georgia’s minimum wage is below the baseline set by the federal Fair Labor Standards Act (FLSA), so the federal minimum wage applies to almost all covered workers in Georgia, with some exemptions.

Georgia has no anti-discrimination laws banning private-sector employment. No state laws cover overtime pay. Family leave law comes from the federal FMLA, which only applies to employers with 50 or more employees. As a result, a Georgia worker researching their employment rights often ends up looking into federal laws.

Get a Lawyer’s Help

Navigating state and federal labor laws can be challenging. If you think your employer may be violating your rights, meeting with an attorney is a strong option. An attorney will examine your claim, present your options, and represent you through any and all legal proceedings. Visit our attorney directory to find an employment lawyer near you.