Home   Georgia The Work Place

Insurance/Benefits
Employee Or Independent Contractor? (Find Out Which)
Health Benefits
Pension Information
Worker’s Compensation
Unemployment Benefits

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Employee Or Independent Contractor?
    An employee has far more legal rights than an independent contractor. For example, employees are far more likely to get insurance benefits in the case of an accident and also receive more protection against discrimination. In most cases, independent contractors cannot claim overtime and they must also pay additional taxes. Employers know this and will sometimes call you an independent contractor when you're really an employee.  Protect yourself and know your rights. Find out your true status, which may be different from what you signed or agreed to. 

Being An Independent Contractor-Legal Pros & Cons (Nolo Articles)
Also includes how to show you're not one so you can receive benefits.

How Courts Determine If You're An Employee Or Independent Contractor

Tips From The Working Woman's Legal Survival Guide 
Employee versus Independent Contractor Status
Steps To Take To Avoid Problems
Consultants
Statutory Non-Employees
Sales Representatives
How To Turn An Oral Contract Into A Written Agreement
Steps To Take While Working
Steps To Take If You Are Fired

Statutory Employees (Very Brief)
Many people who work at home or who are paid on a commission basis (such as life insurance agents or salespeople) are classified by the IRS as statutory employees. This means your employer may have to withhold taxes in the same way as regular employees. 

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Health Benefits

A Women's Rights To Equality In Health Benefits

Questions To Ask Regarding Employer Provided Health Benefits

COBRA Health Benefits 
Know your rights. Federal COBRA law requires most private employers to continue to make existing group health insurance available to workers who are discharged or resign from employment. 

For More Help See Consumer-SOS-Health & Medical

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Pension Information
Protecting Your Benefits
Family Members Rights To Benefits
The Employee Retirement Security Act
Pension Regulatory Agencies

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Protecting Your Benefits

Overview Of Your Pension Plan And What You Need To Know

Protect Your Pension: A Quick Reference Guide
How to find out who is managing your pension money, rules that pension managers must follow, and what to do if you think there are problems.

Protecting Your Plan's Assets From Mismanagement And Misuse
Discusses the responsibilities of people who manage your pension plan and gives you guidance on how to protect your assets.

Protecting Your Benefits in the Event of Plan Terminations and Mergers
Describes what might happen to your benefits if your employer decides to terminate or merge your pension plan with another plan.


Receiving Pensions & Security

Payment Of Pension Benefits
Outlines your rights to payment of pension benefits.

The IRS Employee Plans Corner
Features employee retirement plan information.

The IRS Service Guide For Small Businesses
Includes a section on retirement plans, including information on SEPs, SIMPLE plans, Keogh (H.R. 10) Plans, and others.

What You Should Know About Your Pension Rights
Explains the rights and obligations you have under federal law as a pension participant ,as well as the rights and obligations of pension plan sponsors.

Your Right To Plan Information
Outlines the disclosure requirements of pension plans, including documents that a plan administrator must make available to you, the information these documents should contain and alternative sources of the information.

Benefit Accrual And Vesting
Rules for eligibility, benefit accrual and vesting

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Family Member Rights & Benefits

Providing Survivor Benefits To Your Spouse
Tells you what protections the Employee Retirement Income Security Act (ERISA) provides to your surviving spouse if your benefit was vested upon your death.

Dividing Your Pension For Family Support
Describes the rights of the parties and the obligations of the plan if a spouse, former spouse, child or other dependent seeks a portion or all of your pension benefits.

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Employee Retirement Income Security Act (ERISA)

What Is the Employee Retirement Income Security Act of 1974 (ERISA)?
Synopsis of law at bottom of page. ERISA sets the minimum standards for pension plans in private industry.

Frequently Asked Questions On ERISA (US Dept Of Labor)

Employee Retirement Income Security Act (ERISA)
Full text of the ERISA statute and regulations

Making A Benefits Claim And Filing Suit Under ERISA
Outlines how and under what circumstances you can make a claim for benefits, tells you what appeal procedures to follow if your claim for benefits is denied, and describes your rights to pursue a lawsuit.

ERISA's Protections Against Inadequate Plan Funding
Discusses the rules that require employers to adequately fund their pension plans.

Where Else To Go For Help


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Pension Regulatory Agencies

Employee Benefits Security Administration (EBSA)
The EBSA protects the integrity of pensions, health plans, and other employee benefits and can assist you in getting the information you need to protect your benefit rights.

EBSA Field Office Directory (Formerly PWBA)
Find contact information for the office in your region

The Pension Benefit Guaranty Corporation (PBGC)
The PBGC protects the retirement incomes of about 43 million American workers -- one of every three working persons -- in nearly 40,000 defined benefit pension plans.

PBGC’s Frequently Asked Questions

Divorce Orders & PBGC


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Worker’s Compensation

*Workers Compensation Rights In GA 

*Workers Compensation (FAQs) (GA)

Workers' Compensation 
What to do when you have an accident, What on the job injuries are covered and the type of benefits you can receive.

Your Right To Apply For And Receive Workers Compensation

Find Your Workers' Compensation Agency (All 50 States & DC)

For More See Consumer-SOS-Health & Medical

Where Else To Go For Help


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Unemployment Benefits

For  Employers/Owners

Georgia Employment Law Handbook from The GA Department of Labor
Employer laws and best practices when starting a business.  Emphasis on federal law and Georgia unemployment benefits.  Explains how employers are charged, who qualifies for benefits and common mistakes employers make.  Federal law includes overtime and minimum wage laws, health & safety laws, time off, discrimination laws, illegal screening restrictions, drug testing, lie detectors, vacation pay, garnishments and required FLSA record keeping.

Employer-SOS! Help For Employers on Preparing Your Unemployment Insurance Appeals Hearing With The Georgia Department of Labor
(Graham Firestone, Former GA Dept. of Labor Hearing Officer)

Georgia Cases on Quits and Discharge (Google Scholar) 

For Employees & Ex-Employees

The Maximum You Can Get In GA Unemployment Benefits & How Long It Lasts For (Consumer-SOS)

How To Keep Your Job & Protect Yourself Before and After You Become Unemployed (Consumer-SOS)

Quit Your Job? (Consumer-SOS)
The Best in Georgia on when You Are and Are Not Entitled To UI Benefits.

Did They Fire You? (Consumer-SOS)
The Best in Georgia on when You Are and Are Not Entitled To UI Benefits.

Appealing Your Unemployment Benefits Hearing in GA
The Georgia Department of Labor Appeals Handbook.

Georgia Cases on Quits and Discharge

Commissions: Can I Get GA Unemployment Benefits if Paid by Commission? (Consumer-SOS)

Weekly Benefit Amount Explained Along With The Base Period Used To Determine Your Benefit Amount (Consumer-SOS)

90 Day Probationary Periods-Can I Still Get GA Unemployment? (Consumer-SOS)

Can Someone Who Filed 1099 Wages as an Independent Contractor Get Unemployment Benefits?  (Consumer-SOS)

Unemployment Insurance (FAQs) (GA)
Answers to FAQs such as when you're entitled to benefits, how much and for how long, etc. Includes filing an appeal when denied benefits.

Appealing to Superior Court Once You Have Lost Your Unemployment Case At The Georgia Board of Review
Includes a sample appeal with case style, but be sure to name the current commissioner, not Thurmond.

Maximum Weekly UI Benefits (All 50 States & Territories)

Unemployment Benefits-Important Questions To Ask
Also tells you when your benefits can be denied.

Finding An Unemployment Insurance Office
Helps citizens find out more about unemployment insurance in their home state.

Preparing For A Benefits Hearing
Tips and strategies on what to do at an unemployment benefits Hearing.

Assistance For Needy Families By State
Welfare assistance in every state and DC.

Where Else To Go For Help


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