Consent and compliance

Hiring employees in Georgia: the 2026 compliance checklist for employers and recruiters

On this page
  1. The Georgia hiring checklist at a glance
  2. What must be in place before the first Georgia hire?
  3. Does a staffing or recruiting agency need a Georgia license?
  4. What must a Georgia job posting include, and can you ask about pay history?
  5. When can you ask about criminal history or run a credit check?
  6. Can you record or transcribe a job interview in Georgia?
  7. Does Georgia regulate AI in hiring?
  8. Can you drug test applicants in Georgia?
  9. Does Georgia require E-Verify?
  10. Which state withholding form does a new hire complete?
  11. Which notices must a new Georgia employee get at hire?
  12. How do you report a new hire in Georgia?
  13. The Georgia hiring steps in order
  14. Questions people ask

As of October 2026, an employer hiring in Georgia has to check its unemployment insurance liability with the Georgia Department of Labor and open a withholding account with the Department of Revenue, carry workers' compensation once it regularly employs three or more people, have each new hire complete Form G-4, and report the hire within 10 days, half the 20-day window most states allow. An employer with more than 10 employees also files an E-Verify affidavit with every city or county business license renewal, an employer that rejects an applicant over a Georgia criminal history record must explain the record and how it was used, and a party to an interview may record it.

This page is the Georgia hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

Not legal advice. Checked as of October 2026 against the Georgia Department of Labor, the Department of Revenue, the State Board of Workers' Compensation, the Department of Human Services' new hire site, the Department of Audits and Accounts and the state's criminal history guidance. Georgia's official code is published through a commercial portal that cannot be linked section by section, so some statutes below are cited by number with a link to the agency page or our own guide that quotes them. Rules change and a specific hire may turn on facts this page cannot see. Confirm with a Georgia employment lawyer before relying on it.

The Georgia hiring checklist at a glance

ItemWhat Georgia requires (as of October 2026)Official source
Employer registrationUnemployment insurance account once quarterly payroll reaches $1,500 or one worker is employed in 20 weeks; a withholding account with the Department of RevenueGDOL, DOL-4E, DOR, Register a New Business
Workers' compensationRequired once the business regularly employs three or more people, part-time includedState Board of Workers' Compensation FAQ
Agency licensingNo state license for employment agencies or staffing firms; the licensing and fee rules are repealedGa. Comp. R. & Regs. ch. 300-4
Criminal historyAn adverse decision based on a Georgia criminal history record requires telling the applicant what the record said and how it was usedGeorgia.gov, felon search FAQ (O.C.G.A. § 35-3-34(b))
Interview recordingOne-party consent for calls and conversations; video of a private place needs everyone's consentO.C.G.A. §§ 16-11-66 and 16-11-62, quoted in our Georgia recording guide
Drug testingNo general testing statute; a voluntary certified Drug-Free Workplace Program earns a 7.5% workers' compensation premium reductionSBWC, Drug-Free Workplace
E-VerifyAffidavit at each business license renewal for employers with more than 10 employees; E-Verify on public contracts for employers with 10 or moreDept. of Audits and Accounts, immigration compliance
State withholding formForm G-4, completed and given to the employerDOR, Form G-4
Notices at hirePost the workers' compensation panel of physicians (or another approved way of naming medical providers)SBWC, workers' compensation law FAQ
New-hire reportingReport new hires and rehires within 10 days of the hire dateGeorgia New Hire Reporting Program FAQ

What must be in place before the first Georgia hire?

Two state accounts and one insurance policy. The state's own guide says many Georgia businesses owe unemployment insurance tax to the Department of Labor "even if they don't yet have employees," and the department's online employer registration returns a liability determination before an account is opened; you need a federal EIN to start. The department's employer guide (DOL-4E) lists the usual triggers: a private business with at least one worker in 20 different weeks of a calendar year or a payroll of at least $1,500 in any quarter, and any "employee leasing company or temporary help contracting firm" that supplies workers to clients. The Department of Revenue's new business page covers the withholding account, which is opened through the Georgia Tax Center.

Workers' compensation applies, in the words of the State Board of Workers' Compensation, "if you regularly employ three or more persons in your Georgia business," counting regular part-time staff and, for corporations and LLCs, the officers or members. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a Georgia license?

No. The Department of Labor's Private Employment Agency Act rules still exist as chapter 300-4, but the subjects that covered licenses and fees, and agreements and payments, are marked repealed, so Georgia has no general license, bond or fee schedule for agencies. Our guide to the Georgia staffing agency license question walks through what remains and the separate home care license. Agencies do carry the employer duties: a temporary help firm is named as liable for unemployment tax in the DOL-4E, and it counts its own employees for E-Verify.

What must a Georgia job posting include, and can you ask about pay history?

We found no Georgia statute requiring a pay range in job postings or banning salary history questions for private employers as of October 2026; Georgia does not appear in our pay transparency laws by state or salary history ban states lists. Postings for remote roles open to people in Colorado, New York, Washington or another range state can still pick up that state's rule, which our guide to pay transparency for remote jobs covers.

When can you ask about criminal history or run a credit check?

Georgia has no private-employer ban-the-box law that we found, so the timing of the question is set by federal law, any city rules where the job is located, and your own policy. What Georgia does add is a disclosure duty after the decision. The state's guidance on criminal history searches says that when "an adverse employment decision is made," the employer "must inform the applicant whose record was obtained of all information pertinent to the decision," including that a check was run, "the specific contents of the record, and how the record affected the decision," and that failing to do so is a misdemeanor under O.C.G.A. § 35-3-34(b). When a screening company prepares the report, the federal pre-adverse and adverse action steps in our FCRA background check guide apply as well.

We found no Georgia statute limiting employer credit checks; Georgia is not among the states in our credit check laws guide, so the federal FCRA disclosure, authorization and adverse action rules are the ones to follow.

Can you record or transcribe a job interview in Georgia?

Yes, for audio, if you are on the call. Georgia lets a person who is a party to a communication, or who has a party's prior consent, record it under O.C.G.A. § 16-11-66(a). Video is stricter: § 16-11-62(2) requires the consent of all persons observed when filming activities in a private place. Our Georgia recording consent guide quotes both and explains why the leading case on recording across state lines started with Georgia calls; for a candidate in California, Washington or another all-party state, see recording calls across state lines. Saying you are recording or transcribing and getting a clear yes works everywhere.

Does Georgia regulate AI in hiring?

Not with a dedicated statute as of October 2026: Georgia does not appear in our state-by-state AI hiring summary. AI screening tools are still covered by federal anti-discrimination law, so a tool that screens out a protected group can create liability the same way a human decision can; our page on Title VII disparate impact and AI hiring explains the test. If the role is open to candidates in New York City, Illinois or California, those rules can apply to the same requisition.

Can you drug test applicants in Georgia?

Georgia's main drug-testing law for private employers is an incentive rather than a restriction. The State Board of Workers' Compensation certifies employers as a Drug-Free Workplace, and certified employers "receive a 7.5% reduction of their workers' compensation premiums" if they send the certificate to their carrier each year; certification costs $35. The program is voluntary. Our drug testing laws guide compares the states that restrict testing.

Does Georgia require E-Verify?

Through two routes. Under O.C.G.A. § 36-60-6, an employer with more than 10 employees must file an E-Verify affidavit with its city or county each time it applies for or renews a business license or occupational tax certificate, and a smaller employer files an exemption affidavit. Under § 13-10-91, a private employer with 10 or more employees must use E-Verify to work on a public contract, and must collect affidavits from its subcontractors. The Department of Audits and Accounts publishes the compliance guidelines for both. Thresholds, records and penalties are in E-Verify requirements in Georgia.

Which state withholding form does a new hire complete?

Form G-4, the Employee's Withholding Allowance Certificate. The Department of Revenue says the form "is to be completed and submitted to your employer in order to have tax withheld from your wages." The employee completes it in addition to the federal W-4. The current revision is dated June 3, 2026 (Rev. 06/03/26), so replace older copies in onboarding packets. The employer keeps the form and mails it to the department only if the employee claims more than 14 allowances or claims to be exempt.

Which notices must a new Georgia employee get at hire?

The Georgia-specific item to have in place on the first day is the workers' compensation medical provider notice. The State Board of Workers' Compensation tells employees that their employer "is required to post information identifying medical care providers," usually as a posted panel of at least six physicians that includes an orthopedic physician. Federal posters and any offer-letter terms you promise apply as usual; our new hire onboarding checklist covers the first-day paperwork.

How do you report a new hire in Georgia?

Through the Georgia New Hire Reporting Program, run for the Department of Human Services. Its FAQ says employers "are required to submit a report within 10 days of a new employee's hire date," citing Georgia Statute 19-11-9.2, and electronic filers may instead send two monthly transmissions no more than 16 days apart. The report needs the employer's FEIN, name and address, and the employee's name, address, Social Security number, date of birth, start date, state of hire and whether medical insurance is available. Rehires count. Reporting independent contractors is optional.

The Georgia hiring steps in order

  1. Before the first hire: get an EIN, run the Department of Labor's liability registration, open the Department of Revenue withholding account, and bind workers' compensation once you will regularly employ three or more people.
  2. Business license: file the E-Verify compliance affidavit (over 10 employees) or the exemption affidavit with the city or county at each renewal, and enroll in E-Verify if covered.
  3. Posting and screening: no Georgia pay-range rule, but check the rules of any state where remote applicants live.
  4. Interview: as a party you may record audio; announce it and get a yes, especially with out-of-state candidates.
  5. Conditional offer: run background checks under the FCRA, and if a Georgia criminal history record drives a rejection, tell the applicant what it said and how it was used.
  6. First day: Form I-9, W-4 and G-4; panel of physicians posted; E-Verify case after the I-9 if enrolled.
  7. Within 10 days of the hire date: report the hire to the Georgia New Hire Reporting Program.

Hiring in more than one state? The same checklist is available for North Carolina, Michigan, New Jersey, Virginia, Washington and Arizona.

Questions people ask

What do I have to do to hire my first employee in Georgia?

As of October 2026, run the Georgia Department of Labor's online employer registration to see whether you owe unemployment insurance tax, set up a withholding account with the Department of Revenue, carry workers' compensation once you regularly employ three or more people, have the new hire complete Form G-4 along with the federal W-4 and Form I-9, and report the hire to the Georgia New Hire Reporting Program within 10 days. This is not legal advice.

How long does a Georgia employer have to report a new hire?

Ten days. The Georgia New Hire Reporting Program, run for the Georgia Department of Human Services, says employers must report within 10 days of a new employee's hire date under Georgia Statute 19-11-9.2, which is half the 20-day window most states use. Rehires must be reported too, and the report includes the employee's date of birth, start date and whether medical insurance is available.

Does Georgia require private employers to use E-Verify?

Most of them, indirectly. An employer with more than 10 employees must file an E-Verify affidavit with its city or county each time it applies for or renews a business license or occupational tax certificate, and a private employer with 10 or more employees needs E-Verify to work on a public contract. An employer with 10 or fewer employees files an exemption affidavit instead.

Can I record a job interview with a candidate in Georgia?

Yes, for audio. Georgia lets a party to a call or conversation record it, so an interviewer on the call can record or transcribe it under Georgia law. Video of a private place needs everyone's consent, and a candidate in an all-party state such as California brings that state's rule into the call, so the safe practice is to say you are recording and get a clear yes.

What must I tell a Georgia applicant I reject because of a criminal record?

If the decision rests on a Georgia criminal history record obtained through the Georgia Crime Information Center, the state's guidance says you must tell the applicant that a criminal history check was run, the specific contents of the record and how it affected the decision. Failing to do so is a misdemeanor under O.C.G.A. 35-3-34(b), and the federal FCRA steps apply on top when a background screening company prepares the report.