34-1-1. Redesignated.

Reserved by Ga. L. 2012, p. 1144, § 7/SB 446, effective May 2, 2012.

Editor's notes. - Ga. L. 2012, p. 1144, § 6/SB 446, effective May 2, 2012, redesignated former Code Section 34-1-1 as present Code Section 25-15-110.

34-1-2. Prohibition of age discrimination in employment.

1. No person, firm, association, or corporation carrying on or conducting within this state any business requiring the employment of labor shall refuse to hire, employ, or license nor shall such person, firm, association, or corporation bar or discharge from employment any individual between the ages of 40 and 70 years, solely upon the ground of age, when the reasonable demands of the position do not require such an age distinction, provided that such individual is qualified physically, mentally, and by training and experience to perform satisfactorily the labor assigned to him or for which he applies. Nothing in this Code section shall affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this Code section. When the retirement or insurance benefit program of any employer shall prohibit the employment of any person because of excessive age, such person shall have the authority, as a condition of employment, to waive the right to participate in any such program and receive any benefits therefrom. Nothing in this Code section shall be construed to prohibit compulsory retirement of any employee who has attained 65 years of age but not 70 years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee, which equals, in the aggregate, at least $27,000.00.
2. Any person or corporation who violates any provision of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $250.00.

   (Ga. L. 1971, p. 384, §§ 1, 2; Ga. L. 1981, p. 636, § 1.)

Cross references. - Equal protection, U.S. Const., amend. 14 and Ga. Const. 1983, Art. I, Sec. I, Para. II.

Discrimination in public employment on basis of age, race, sex, § 45-19-20 et seq.

Compulsory retirement of pilots engaged in conducting vessels to and from ports, § 52-6-53 .

Law reviews. - For annual Eleventh Circuit survey of employment discrimination, see 42 Mercer L. Rev. 1381 (1991). For survey of 1995 Eleventh Circuit cases on employment discrimination, see 47 Mercer L. Rev. 797 (1996). For annual Eleventh Circuit survey of employment discrimination, see 56 Mercer L. Rev. 1233 (2005). For note, "Employer Beware: Changing the Landscape of Employment Discrimination Claims at the Summary Judgment Stage," see 68 Mercer L. Rev. 1145 (2017).

34-1-3. Discrimination against employee for attending a judicial proceeding in response to a court order or process; exception to applicability of Code section.

1. It shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the employee at the judicial proceeding. It shall be unlawful for any employer or the agent of such employer to threaten to take or communicate an intention of taking any action declared to be unlawful by this subsection.
2. Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured employee for all actual damages thereby suffered by the employee and for reasonable attorney's fees incurred by the employee in asserting a successful claim under this Code section.
3. This Code section shall not apply to an employee who is charged with a crime, nor shall it prohibit an employer from requiring an employee to abide by regulations requiring reasonable notification to an employer of the employee's expected absence or delay in reporting to work in order to attend a judicial proceeding. (Code 1981, § 34-1-3 , enacted by Ga. L. 1987, p. 1156, § 1; Ga. L. 1990, p. 590, § 2.)

Cross references. - Right to trial by jury, Ga. Const. 1983, Art. I, Sec. I, Para. XI.

Exemptions from jury duty, § 15-12-1 et seq. and § 38-2-276 .

Selection of jurors, § 15-12-40 et seq.

Jury leave for teachers, § 20-2-870 et seq.

Law reviews. - For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003).

34-1-4. Employer immunity for disclosure of information regarding job performance.

1. As used in this Code section, the term:
   1. "Employee" means any person who is employed by an employer described in paragraph (2) of this subsection.
   2. "Employer" means any individual engaged in a business, corporation, S-corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, association, or government entity.
2. An employer as defined in subsection (a) of this Code section or any person employed by an employer and designated as the employer's representative who discloses factual information concerning an employee's or former employee's job performance, any act committed by such employee which would constitute a violation of the laws of this state if such act occurred in this state, or ability or lack of ability to carry out the duties of such job to a prospective employer of such employee or former employee upon request of the prospective employer or of the person seeking employment is presumed to be acting in good faith unless lack of good faith is shown by a preponderance of the evidence, unless the information was disclosed in violation of a nondisclosure agreement or the information disclosed was otherwise considered confidential according to applicable federal, state, or local statute, rule, or regulation. (Code 1981, § 34-1-4 , enacted by Ga. L. 1993, p. 1056, § 1; Ga. L. 1995, p. 982, § 1; Ga. L. 1996, p. 748, § 1; Ga. L. 2001, p. 4, § 34.)

Law reviews. - For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 146 (1993). For review of 1996 labor and industrial relations legislation, see 13 Ga. St. U.L. Rev. 224 (1996).

34-1-5. "Multiracial" classification required on forms.

1. As used in this Code section, the term "multiracial" means having parents of different races.
2. All written forms, applications, questionnaires, and other written documents or materials produced by or for or used by any person, firm, association, or corporation conducting business within this state requiring the employment of labor which request information on the racial or ethnic identification of an employee and which contain a list of racial and ethnic classifications from which such employee must select one shall include among their choices the classification "multiracial."
3. No such written document or computer software described in subsection (b) of this Code section shall bear the designation "other" as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994.
4. The failure of any person, firm, or corporation to comply with the provisions of this Code section shall not be construed to create any civil cause of action. (Code 1981, § 34-1-5 , enacted by Ga. L. 1994, p. 1360, § 3; Ga. L. 1998, p. 128, § 34.)

Editor's notes. - Ga. L. 1994, p. 1360, § 4, not codified by the General Assembly, provides that the provisions of the Act apply to those forms, applications, questionnaires, and other written documents printed or typed or otherwise originating after July 1, 1994; provided, however, that all documents printed and in stock on July 1, 1994, which bear the racial designation "other" shall be used and the stock depleted prior to reordering under the provisions of the Act even if the date occurs after July 1, 1994.

Cross references. - Multiracial classification on forms, §§ 20-2-2041 , 50-18-135 .

34-1-6. Employer obligation to provide time for women to express breast milk for infant child.

1. As used in this Code section, the term "employer" means any person or entity that employs one or more employees and shall include the state and its political subdivisions.
2. An employer may provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The employer may make reasonable efforts to provide a room or other location (in close proximity to the work area), other than a toilet stall, where the employee can express her milk in privacy. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time under this Code section if to do so would unduly disrupt the operations of the employer. (Code 1981, § 34-1-6 , enacted by Ga. L. 1999, p. 464, § 2.)

Cross references. - Breast-feeding of baby, § 31-1-9 .

Newborn baby and mother protection act, § 33-24-58 .

34-1-7. Definitions; application for temporary restraining order and injunction; requirements; hearing; notice and service; notification of law enforcement agencies.

1. As used in this Code section, the term:
   1. "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose including following or stalking an employee to or from the place of work; entering the workplace of an employee; following an employee during hours of employment; telephone calls to an employee; and correspondence with an employee including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer e-mail.
   2. "Credible threat of violence" means a knowing and willful statement or course of conduct which would cause a reasonable person to believe that he or she is under threat of death or serious bodily injury, and which is intended to, and which actually causes, a person to believe that he or she is under threat of death or serious bodily injury, and which serves no legitimate purpose.
   3. "Employer" means any person or entity that employs one or more employees and shall include the State of Georgia and its political subdivisions and instrumentalities.
   4. "Unlawful violence" means assault, battery, or stalking, as prohibited by Code Section 16-5-20, 16-5-21, 16-5-23, 16-5-23.1, 16-5-24, 16-5-90, or 16-5-91, but shall not include lawful acts of self-defense or defense of others.
2. Any employer whose employee has suffered unlawful violence or a credible threat of violence from any individual, which can reasonably be construed to have been carried out at the employee's workplace, may seek a temporary restraining order and an injunction on behalf of the employer prohibiting further unlawful violence or threats of violence by that individual at the employee's workplace or while the employee is acting within the course and scope of employment with the employer. Nothing in this Code section shall be construed as authorizing a court to issue a temporary restraining order or injunction prohibiting speech or other activities that are protected by the Constitution of this state or the United States.
3. 1. Except for proceedings involving a nonresident respondent, the superior court of the county where the respondent resides shall have jurisdiction over all proceedings under this Code section.
   2. For proceedings under this Code section involving a nonresident respondent, the superior court where the petitioner's workplace is located shall have jurisdiction, where the act involving unlawful violence or a credible threat of unlawful violence meets the elements for personal jurisdiction provided for under paragraph (2) or (3) of Code Section 9-10-91.
4. Upon filing a petition with the court for an injunction pursuant to this Code section, the petitioner may obtain a temporary restraining order if the petitioner also files an affidavit which, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent and that great or irreparable harm shall result to an employee if such an injunction is not granted. The affidavit shall further show that the petitioner has conducted a reasonable investigation into the underlying facts which are the subject of the petition. A temporary restraining order granted under this Code section shall remain in effect, at the court's discretion, for a period not to exceed 15 days, unless otherwise modified or terminated by the court.
5. Within ten days of filing of the petition under this Code section or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held on the petition for the injunction. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period, the same shall be scheduled and heard within any other county of the circuit. The respondent may file a response which explains, excuses, justifies, or denies the alleged unlawful violence or credible threat of violence or may file a cross-complaint under this Code section. At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an injunction shall issue prohibiting further unlawful violence or threats of violence at the employee's workplace or while the employee is acting within the course and scope of employment with the employer. An injunction issued pursuant to this Code section shall have a duration of not more than three years. At any time within the three months before the expiration of the injunction, the petitioner may apply for a renewal of the injunction by filing a new petition for an injunction pursuant to this Code section.
6. Upon the filing of a petition for an injunction pursuant to this Code section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing on the petition.
7. The court shall order the petitioner or the attorney for the petitioner to deliver a copy of each temporary restraining order or injunction, or modification or termination thereof, granted under this Code section, by the close of the business day on which the order was granted, to the law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
8. Nothing in this Code section shall be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons. (Code 1981, § 34-1-7 , enacted by Ga. L. 2000, p. 1081, § 1.)

Cross references. - Temporary restraining and protective orders, § 17-17-16 .

Law reviews. - For article, "Labor and Employment Law," see 53 Mercer L. Rev. 349 (2001). For article, "Georgia's 'Bring Your Gun to Work' Law May Not Have the Firepower to Trouble Georgia Employers After All," see 14 (No. 7) Ga. St. B. J. 12 (2009).

34-1-8. Veterans' preference employment policy; use not a violation.

1. As used in this Code section, the term:
   1. "Employer" means any person engaged in business and having one or more employees, but does not include the federal government, state, or any political subdivision of the state.
   2. "Veteran" means an individual who served on active duty in the armed forces of the United States and was honorably discharged from such service.
   3. "Veterans' preference employment policy" means any employer's policy of preference in hiring, promoting, or retaining a veteran over any other qualified applicant or employee.
2. Any employer may create and use a veterans' preference employment policy, which shall be in writing and applied uniformly to employment decisions regarding hiring, promotion, or retention during a reduction in force.
3. An employer's use of a veterans' preference employment policy as provided for in this Code section shall not constitute a violation of any local or state equal employment opportunity law. (Code 1981, § 34-1-8 , enacted by Ga. L. 2015, p. 620, § 2/HB 443.)

Effective date. - This Code section became effective July 1, 2015.

Editor's notes. - Ga. L. 2015, p. 620, § 1/HB 443, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Voluntary Veterans' Preference Employment Policy Act.'"

Administrative Rules and Regulations. - Veterans' preference, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of the State Personnel Board, § 478-1-.18.

34-1-9. Franchisee nor franchisee's employee shall be deemed to be employee of franchisor; applicability.

1. As used in this Code section, the terms "franchisee" and "franchisor" shall have the same meanings as provided in 16 C.F.R. Section 436.1 as such existed on August 26, 2015.
2. Notwithstanding any order issued by the federal government or any agreement entered into with the federal government by a franchisor or a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose.
3. This Code section shall not apply to Chapter 9 of this title. (Code 1981, § 34-1-9 , enacted by Ga. L. 2016, p. 616, § 2/SB 277.)

Effective date. - This Code section became effective January 1, 2017.

Editor's notes. - Ga. L. 2016, p. 616, § 1/SB 277, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Protecting Georgia Small Businesses Act.'"

Law reviews. - For annual survey of labor and employment law, see 68 Mercer L. Rev. 151 (2016).

34-1-10. Use of sick leave for care of immediate family members.

1. As used in this Code section, the term:
   1. "Employee" means an individual who works for salary, wages, or other remuneration for an employer for at least 30 hours per week.
   2. "Employee stock ownership plan" shall have the same meaning as provided in Section 4975(e)(7) of the Internal Revenue Code, 26 U.S.C. Section 4975(e)(7).
   3. "Employer" means any individual or entity that employs 25 or more employees and shall include the State of Georgia and its political subdivisions and instrumentalities.
   4. "Immediate family member" means an employee's child, spouse, grandchild, grandparent, or parent or any dependents as shown in the employee's most recent tax return.
   5. "Sick leave" means time away from work by an employee, due to his or her own incapacity, illness, or injury, for which the employee receives his or her regular salary, wages, or other remuneration. The term "sick leave" shall not include paid short-term or long-term disability.
2. An employer that provides sick leave shall allow an employee to use such sick leave for the care of an immediate family member; provided, however, that nothing in this Code section shall be construed to require an employer to offer sick leave or to require an employer to allow an employee to use more than five days of earned sick leave per calendar year for the care of an immediate family member.
3. An employee shall not be entitled to use sick leave under this Code section until that leave has been earned. Any employee who uses such sick leave shall comply with the terms of the employer's employee sick leave policy.
4. Nothing in this Code section shall be construed to create a new cause of action against an employer.
5. This Code section shall not apply to any employer that offers to their employees an employee stock ownership plan.
6. This Code section shall be repealed in its entirety on July 1, 2020, unless extended by an Act of the General Assembly. (Code 1981, § 34-1-10 , enacted by Ga. L. 2017, p. 524, § 1/SB 201.)

Effective date. - This Code section became effective July 1, 2017.

Law reviews. - For article on the 2017 enactment of this Code section, see 34 Ga. St. U.L. Rev. 219 (2017). For annual survey on labor and employment law, see 69 Mercer L. Rev. 141 (2017).

34-2-1. Creation of Department of Labor.

There is created and established a separate and independent administrative agency to be known as the Department of Labor.

(Ga. L. 1931, p. 7, § 101; Code 1933, § 54-101; Ga. L. 1937, p. 230, § 3.)

34-2-2. Definitions.

As used in this chapter, the term:

1. "Employer" includes every person, firm, corporation, partnership, stock association, agent, manager, representative, or foreman, or other persons having control or custody of any place of employment or of any employees, except agricultural and domestic labor and those employers having less than eight employees. Naval stores producers shall be classified as agricultural, except where otherwise classified by federal laws.
2. "Safe" or "safety" as applied to any employment or place of employment shall include conditions and methods of sanitation and hygiene reasonably necessary for the protection of the life, health, safety, and welfare of employees.

   (Ga. L. 1937, p. 230, §§ 1, 10.)

34-2-3. Election, term of office, compensation, removal, and duties of Commissioner of Labor.

1. The Department of Labor shall be under the direction and supervision of a commissioner to be known as the Commissioner of Labor. The Commissioner shall devote his full time to the duties of his office and shall not hold any other office during his term of office.
2. The Commissioner shall be elected by those persons entitled to vote for the members of the General Assembly, and his term shall be for four years.
3. The Commissioner of Labor shall be compensated in the amount provided for in Code Section 45-7-4, payable in semimonthly installments, and shall receive such travel expenses and allowances as are provided for in Code Section 45-7-20; provided, however, that pursuant to Code Section 45-7-4, the Commissioner shall in addition thereto be entitled to receive necessary and actual expenses incurred by him in the performance of his duties as administrator of Chapter 8 of this title.
4. The Commissioner may be removed by the Governor for neglect of duty or malfeasance in office, provided that written charges are served upon the Commissioner at least ten days prior to a hearing thereon before the Governor and the constitutional officers of this state, and provided, further, that a majority shall find that the Commissioner is guilty of the charges preferred under this chapter, but for no other cause.
5. The Commissioner shall have charge of the administration and enforcement of all laws, rules, and regulations which it is the duty of the department to administer and enforce except as provided in Chapter 9 of this title and shall direct all inspections and investigations except as otherwise provided.

   (Ga. L. 1911, p. 133, §§ 1-7; Ga. L. 1913, p. 82, §§ 1-3; Ga. L. 1919, p. 278, § 1; Ga. L. 1922, p. 77, § 1; Ga. L. 1925, p. 141, § 1; Ga. L. 1931, p. 7, §§ 101-106, 109; Code 1933, §§ 54-105, 54-106, 54-107, 54-108; Ga. L. 1937, p. 230, § 4; Ga. L. 1941, p. 240, § 2; Ga. L. 1943, p. 170, § 1; Ga. L. 1947, p. 673, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 613, §§ 1-6; Ga. L. 1961, p. 185, §§ 1, 2; Ga. L. 1984, p. 1152, § 3.)

Cross references. - Further provisions as to qualifications of Commissioner of Labor, Ga. Const. 1983, Art. V, Sec. III, Para. II.

Vacating of office upon permanent physical or mental disability of holder of office, Ga. Const. 1983, Art. V, Sec. IV.

34-2-4. Establishment by Commissioner of divisions within Department of Labor; appointment, fixing of salaries and duties, and removal of employees.

1. The Commissioner of Labor may establish within the Department of Labor such divisions as he may deem necessary for the exercise of the powers and the performance of the duties of the department, except as otherwise provided.
2. The Commissioner is authorized and empowered to appoint a secretary, the heads of all divisions, and such other employees as may be needed and to assign them their duties and fix their annual salaries; provided, however, that no appointment shall be made whereby the aggregate salaries of the appointees are in excess of the amount appropriated by the General Assembly for salaries within the Department of Labor. The Commissioner may remove from office any officer or employee in the department, upon notice and hearing, for neglect of duty or malfeasance in office.

   (Ga. L. 1937, p. 230, § 8; Ga. L. 1950, p. 9, § 2; Ga. L. 1975, p. 198, § 1.)

34-2-5. Office of Department of Labor to be maintained by Commissioner; payment of office expenses; lease or rental of unused office space.

1. The Commissioner of Labor shall keep and maintain the office of the Department of Labor in the City of Atlanta, Georgia, and shall be provided with suitable rooms, necessary furniture, stationery, books, periodicals, maps, instruments, and other necessary supplies, the expense thereof to be paid by the state in the same manner as other similar expenses are paid. In connection with the maintenance of the office of the Department of Labor, the Commissioner with the approval of the State Properties Commission is authorized and empowered to lease or rent and to negotiate, execute, and administer any necessary lease or rental agreement for office or other space in the custody of, but not occupied by, the Department of Labor and is further authorized to utilize the Department of Administrative Services as his agent in carrying out the provisions of this subsection.
2. Notwithstanding any other provisions of law, the Commissioner is authorized to retain all funds derived from lease, rental, or similar payments received from tenants, occupants, or other users of office or other space for the sole purpose of maintenance of such office or other space. Such funds shall not be considered taxes, fees, or assessments within the meaning of Article VII, Section III, Paragraph II(a) of the Constitution of the State of Georgia, provided that nothing in this subsection shall be construed so as to allow the Commissioner to retain any funds required by the Constitution of Georgia to be paid into the state treasury.

   (Ga. L. 1911, p. 133, § 1; Ga. L. 1931, p. 7, § 109; Code 1933, § 54-109; Ga. L. 1937, p. 230, § 7; Ga. L. 1987, p. 1007, § 1.)

34-2-6. Specific powers and duties of Commissioner.

1. In addition to such other duties and powers as may be conferred upon him by law, the Commissioner of Labor shall have the power, jurisdiction, and authority:
   1. To superintend the enforcement of all labor laws in the State of Georgia, the enforcement of which is not otherwise specifically provided for, and all rules and regulations made pursuant to this title;
   2. To make or cause to be made all necessary inspections in order to see that all laws and the rules made pursuant thereto which the department has the duty, power, and authority to enforce are promptly and effectively carried out;
   3. To make investigations, collect and compile statistical information, and report upon the conditions of labor generally and upon all matters relating to the enforcement and effect of this chapter and of the rules issued thereunder;
   4. To make and promulgate such rules or changes in rules as he may deem advisable for the prevention of accidents or the prevention of industrial or occupational diseases in every employment or place of employment, and such rules or changes in rules for the construction, repair, and maintenance of places of employment, places of public assembly, and public buildings as he may deem advisable, to render them safe. The Commissioner may appoint committees composed of employers, employees, and experts to suggest rules or changes therein;
   5. To do all in his power to promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employees and to avoid strikes, picketing, lockouts, boycotts, blacklisting, discriminations, and legal proceedings in matters of employment. In pursuance of this duty, the Commissioner may appoint temporary boards of arbitration, provide necessary expenses of such boards, order reasonable compensation not exceeding $15.00 per day for each member engaged in such arbitration, prescribe rules for such arbitration boards, conduct investigations and hearings, publish in print or electronically reports and advertisements, and do all things convenient and necessary to accomplish the purpose of this chapter. The Commissioner may designate a mediator and may, from time to time, detail employees or persons not in the department to act as his assistants for the purpose of executing such provisions. Employees of the Department of Labor shall act on temporary boards without extra compensation. Nothing in this Code section or in this chapter shall be construed to prohibit or limit in any way employees' rights to bargain collectively;
   6. To supervise the business of private employment agencies and employment intelligence bureaus and as frequently as may be necessary to examine into the condition of each such agency or bureau;
   7. To exercise jurisdiction over such person, firm, or corporation acting as an emigrant agent or agency, hereinafter referred to as emigrant agent. As used in this paragraph, the term "emigrant agent" means any person who shall solicit or attempt to procure labor in this state to be employed beyond the limits of this state. The Commissioner shall require each emigrant agent to make application for license to do business, such application to be endorsed by two taxpayers and accompanied by a bond of $1,000.00 for the faithful performance of duty and the payment of such tax as may be required by law; each emigrant agent must secure annually a license to do business. Each emigrant agent shall make a daily report to the Commissioner showing the names, addresses, and number of persons carried out of the state, the points to which they have been carried, the nature and character of work secured for them, the pay to be received by them, and the fee charged them or to be collected and from whom. The emigrant agent shall show clearly by whom employed, if paid a salary, or from whom he receives a commission, and how much. The Commissioner shall inspect the office and work of each emigrant agent as often as may be necessary; and if any emigrant agent shall be found to be violating the law it shall be the duty of the Commissioner immediately to proceed to have such person presented to the proper authorities for prosecution and to cancel the license to do business;
   8. To post or have posted at his discretion in a conspicuous place in all state employment agencies throughout the state, the "Help Wanted" advertisements from the Sunday editions of the two newspapers with the largest circulation in each of the cities of Detroit, Michigan; Chicago, Illinois; St. Louis, Missouri; New York, New York; Pittsburgh, Pennsylvania; Baltimore, Maryland; Washington, D.C.; Los Angeles, California; and San Francisco, California, so that persons making application for employment through such agencies, but unable to find employment in this state, may see what employment is available elsewhere. It shall be the further duty of the Commissioner of Labor to assist, in any way possible, any person making application for employment in the securing of a position in some other state if employment is not available in Georgia for such a person; and
   9. To initiate and continue to operate an ongoing educational assistance program to include high school through graduate levels for qualified Department of Labor personnel.
2. Upon a formal determination that a debt or obligation of a former employer who is no longer in business in the State of Georgia to the Department of Labor of $300.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due such department, the Commissioner of Labor shall execute and transmit to the state accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the Commissioner of Labor and that complies with policies prescribed by the state accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the state. The certification shall be made under oath or affirmation and shall be sent to the state accounting officer at such times as shall be prescribed in the procedure developed by the Commissioner of Labor and the state accounting officer. Upon receipt of the certification, the state accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the Department of Labor.

   (Ga. L. 1911, p. 133, §§ 2, 5; Ga. L. 1917, p. 88, § 1; Ga. L. 1920, p. 118, §§ 1, 2; Ga. L. 1931, p. 7, § 108; Code 1933, § 54-110; Ga. L. 1937, p. 230, § 9; Ga. L. 1945, p. 487, § 1; Ga. L. 1950, p. 9, § 3; Ga. L. 1958, p. 380, § 1; Ga. L. 1959, p. 283, § 7; Ga. L. 1974, p. 567, § 20; Ga. L. 1992, p. 1029, § 1; Ga. L. 2005, p. 694, § 32/HB 293; Ga. L. 2010, p. 838, § 10/SB 388.)

Cross references. - Duty of Commissioner to enforce laws pertaining to installations of glass in public buildings and other public places, § 8-2-90 et seq.

Arbitration generally, T. 9, C. 9.

34-2-7. Promulgation, review, amendment, and repeal of rules and regulations by Commissioner generally.

The Commissioner shall comply with the requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," in the promulgation, adoption, review, amendment, and repeal of all rules and regulations of the department.

34-2-8. Variations from rules of Commissioner; keeping of index of variations.

If there are practical difficulties or unnecessary hardships in carrying out a rule of the Commissioner of Labor, the Commissioner, after public hearing, may make a variation from such requirements if the spirit of the rule and law is observed. Any person affected by such rule, or his agent, may petition the Commissioner for such variation, stating the grounds therefor. The Commissioner shall fix a day for the hearing on such petition and shall give reasonable notice thereof to the petitioner. A properly kept index of all variations shall be kept in the office of the Department of Labor and shall be open to public inspection.

(Ga. L. 1937, p. 230, § 13; Ga. L. 1945, p. 487, § 4.)

34-2-9. Preparation by Commissioner of annual report and recommendations.

The Commissioner of Labor shall annually, on or before January 1, compile a report covering the activities of the Department of Labor, accompanied by recommendations with reference to such changes in the law, applying to and affecting industrial labor conditions, as the Commissioner may deem advisable. Such report shall be kept in the Commissioner's office and shall be available for public inspection during regular business hours. Copies of the report or portions thereof shall be made available on request.

(Ga. L. 1911, p. 133, § 6; Code 1933, § 54-113; Ga. L. 1937, p. 230, § 19; Ga. L. 1978, p. 9, § 1.)

34-2-10. Employer's duty with respect to provision of safe employment generally.

1. Every employer shall furnish employment which shall be reasonably safe for the employees therein, shall furnish and use safety devices and safeguards, shall adopt and use methods and processes reasonably adequate to render such an employment and place of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees.
2. Every employer and every owner of a place of employment, place of public assembly, or public building, now or hereafter constructed, shall so construct, repair, and maintain such facility as to render it reasonably safe.

   (Ga. L. 1937, p. 230, § 10.)

Cross references. - Safety and weight support requirements for scaffolding and staging design, § 25-15-110 .

Liability of employers for injuries to employees generally, § 34-7-20 et seq.

Law reviews. - For annual survey on insurance law, see 64 Mercer L. Rev. 151 (2012).

34-2-11. Employer's duty to keep records.

Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by him, and of the daily and weekly hours worked by each such person and of the wages paid during each pay period to each such person. Such records shall be kept on file for at least one year after the date of the record. No employer shall make or cause to be made any false entries in any such record.

(Ga. L. 1937, p. 230, § 16.)

Cross references. - Employer's records of hours worked by and wages paid to employees, § 34-4-4 .

Duty of employers to maintain records to indicate compliance with minimum wage law, § 34-4-5 .

Record-keeping duties of employers under workers' compensation law, § 34-9-12 .

34-2-12. Duty of Attorney General and district attorneys to prosecute violations of those laws enforced by Commissioner.

It shall be the duty of the Attorney General of the state and the district attorneys of their respective judicial circuits, upon request of the Commissioner of Labor or any of his authorized representatives, to prosecute any violation of the law which is made the duty of the Commissioner to enforce.

(Ga. L. 1937, p. 230, § 17.)

34-2-13. Penalties for violations of chapter and for false statements under oath.

1. Any employer or owner who violates or fails or refuses to comply with any provision of this chapter within the time prescribed or any judgment or decree made by any court in connection with the provisions of this chapter for which no penalty has been otherwise provided shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each such offense by a fine of not less than $20.00 nor more than $200.00, by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. Any person who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Commissioner of Labor or his authorized representatives commits the offense of perjury.

   (Ga. L. 1937, p. 230, § 18; Ga. L. 1975, p. 198, § 3.)

Cross references. - Offense of perjury generally, § 16-10-70 .

34-2-14. Authorization to establish and administer pretrial intervention programs.

The Georgia Department of Labor shall have the authorization to enter into agreements with district attorneys and solicitors-general of the several judicial circuits of this state for the purpose of establishing pretrial intervention programs in such judicial circuits. The Georgia Department of Labor shall be authorized to administer all such programs pursuant to said agreement.

(Ga. L. 1982, p. 1093, § 2; Code 1981, § 34-2-15, enacted by Ga. L. 1982, p. 1093, § 4; Code 1981, § 34-2-14 , as redesignated by Ga. L. 1985, p. 708, § 3; Ga. L. 1996, p. 748, § 18.)

Editor's notes. - Ga. L. 1985, p. 708, § 3, repealed former Code Section 34-2-14 (Ga. L. 1982, p. 1093, §§ 1, 3), relating to creation of the Correctional Services Division within the Georgia Department of Labor, and redesignated former Code Section 34-2-15 as this Code section.

34-3-1. Hours of labor in cotton or woolen manufacturing establishments.

The hours of labor required of all persons employed in all cotton or woolen manufacturing establishments in this state, except engineers, firefighters, watchmen, mechanics, teamsters, yard employees, clerical force, and all help that may be needed to clean up and make necessary repairs or changes in or of machinery, shall not exceed ten hours per day; or the same may be regulated by employers, so that the number of hours shall not in the aggregate exceed 60 hours per week, provided that nothing contained in this Code section shall be construed to prevent any of the aforesaid employees from working such time as may be necessary to make up lost time, not to exceed ten days, caused by accidents or other unavoidable circumstances.

(Ga. L. 1889, p. 163, § 1; Civil Code 1895, § 2615; Civil Code 1910, § 3137; Ga. L. 1911, p. 65, § 1; Code 1933, § 54-201; Ga. L. 1983, p. 3, § 25; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11.)

34-3-2. Effect of contracts requiring more than 40 hours of work per week.

All contracts which require employees of cotton or woolen manufacturing establishments to work more than 40 hours per week shall be null and void.

(Ga. L. 1889, p. 163, § 2; Civil Code 1895, § 2616; Civil Code 1910, § 3138; Code 1933, § 54-202.)

34-3-3. Actions for violations of chapter; disposition of amount recovered.

Any person with whom a contract violative of this chapter is made or any person having knowledge thereof may institute an action against such cotton or woolen manufacturing establishment; and the amount recovered as a fine shall inure to the benefit of the board of education of the county in which the violation shall have occurred.

(Ga. L. 1889, p. 163, § 4; Civil Code 1895, § 2618; Civil Code 1910, § 3140; Code 1933, § 54-204.)

34-3-4. Penalties for violations of chapter.

Any cotton or woolen manufacturing establishment that makes any contract in violation of Code Section 34-3-1 shall be subject to a fine of not less than $20.00 and not more than $500.00 for each and every such violation.

(Ga. L. 1889, p. 163, § 3; Civil Code 1895, § 2617; Civil Code 1910, § 3139; Code 1933, § 54-203.)

34-4-1. Short title.

This chapter shall be known and may be cited as the "Georgia Minimum Wage Law."

(Ga. L. 1970, p. 153, § 1.)

34-4-2. Administration and enforcement of chapter by Commissioner of Labor.

The Commissioner of Labor shall administer and enforce this chapter and may make rules and regulations for such administration.

(Ga. L. 1970, p. 153, § 3.)

34-4-3. Amount of minimum wage to be paid by employers; employers and employees covered by chapter.

1. Except as otherwise provided in this Code section, every employer, whether a person, firm, or corporation, shall pay to all covered employees a minimum wage which shall be not less than $5.15 per hour for each hour worked in the employment of such employer.
2. This chapter shall not apply with respect to:
   1. Any employer that has sales of $40,000.00 per year or less;
   2. Any employer having five employees or less;
   3. Any employer of domestic employees;
   4. Any employer who is a farm owner, sharecropper, or land renter;
   5. Any employee whose compensation consists wholly or partially of gratuities;
   6. Any employee who is a high school or college student;
   7. Any individual who is employed as a newspaper carrier; or
   8. Any individual who is employed by a nonprofit child-caring institution or long-term care facility serving children or mentally disabled adults who are enrolled in such institution and reside in residential facilities of the institution, if such employee resides in such facilities, receives without cost board and lodging from such institution, and is compensated on a cash basis at an annual rate of not less than $10,000.00.
3. This chapter shall not apply to any employer who is subject to the minimum wage provisions of any act of Congress as to employees covered thereby if such act of Congress provides for a minimum wage which is greater than the minimum wage which is provided for in this Code section.

   (Ga. L. 1970, p. 153, §§ 2, 6-8; Ga. L. 1984, p. 1324, § 1; Ga. L. 2001, p. 201, § 1.)

Law reviews. - For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 183 (2001).

34-4-3.1. Wages and employment benefits by local government entities.

1. As used in this Code section, the term:
   1. "Employee" means any individual employed by an employer.
   2. "Employer" means any person or entity that employs one or more employees.
   3. "Employment benefits" means anything of value that an employee may receive from an employer in addition to wages and salary. This term includes, but is not limited to, any health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; additional pay based on schedule changes; retirement benefits; and profit-sharing benefits.
   4. "Local government entity" means a county, municipal corporation, consolidated government, authority, board of education, or other local public board, body, or commission.
   5. "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any other organized group of persons.
   6. "Wage or employment benefit mandate" means any requirement adopted by a local government entity which requires an employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under this Code or federal law.
2. 1. Any and all wage or employment benefit mandates adopted by any local government entity are hereby preempted.
   2. No local government entity may adopt, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate.
   3. Any local government entity may offer its own employees employment benefits.
3. No local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity. A local government entity shall not through the use of evaluation factors, qualification of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity. (Code 1981, § 34-4-3.1 , enacted by Ga. L. 2004, p. 377, § 2; Ga. L. 2005, p. 450, § 1/HB 59; Ga. L. 2017, p. 570, § 1/HB 243.)

The 2017 amendment, effective July 1, 2017, inserted "additional pay based on schedule changes;" near the end of the second sentence of paragraph (a)(3).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2004, "benefits;" was substituted for "benefits," five times and "necessity;" was substituted for "necessity," in paragraph (a)(3).

Editor's notes. - Ga. L. 2004, p. 377, § 1, not codified by the General Assembly, provides that: "The General Assembly finds and declares that:

"(1) Economic stability and growth are among the most important factors affecting the general welfare of the people of this state, and that economic stability and growth are therefore among the most important matters for which the General Assembly is responsible;

"(2) Mandated wage rates and employment benefits comprise a major cost component for private enterprises and are among the chief factors affecting the economic stability and growth of this state;

"(3) Local variations in mandated wage rates and employment benefits threaten many businesses with a loss of employees to areas which require higher mandated wage rates and employment benefits, threaten many other businesses with the loss of patrons to areas which allow lower mandated wage rates and employment benefits, and are therefore detrimental to the business environment of the state and to the citizens, businesses, and governments of the various political subdivisions as well as local labor markets;

"(4) In order for businesses to remain competitive and yet attract and retain the highest possible caliber of employees, private enterprises in this state must be allowed to function in a uniform environment with respect to mandated wage rates and employment benefits; and

"(5) Legislated wage and employment benefit disparity between local government entities of this state creates an anticompetitive marketplace that fosters job and business relocation."

Law reviews. - For annual survey of labor and employment law, see 56 Mercer L. Rev. 291 (2004). For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 177 (2005).

34-4-4. Authority of Commissioner to grant exemptions from operation of chapter.

1. The Commissioner of Labor is authorized to grant exemptions to certain categories of organizations and businesses for the purpose of exempting them from the operation of this chapter. The exemptions so granted shall be based upon considerations of the value of allowing certain classes of persons to be employed at rates below the minimum rate because of overriding considerations of public policy to allow employment of certain  persons with disabilities and others who cannot otherwise compete effectively in the labor market.
2. The Commissioner of Labor is authorized to conduct investigations and compile information as to the reasons for granting exemptions to certain organizations and businesses pursuant to subsection (a) of this Code section. The Commissioner is required to maintain a list of such exemptions, along with the records of the investigations conducted and the basis for the granting of such exemptions, which list and records shall be a public record.

   (Ga. L. 1970, p. 153, § 7; Ga. L. 1992, p. 6, § 34; Ga. L. 1995, p. 1302, § 16.)

34-4-5. Employer's records of hours worked by and wages paid to employees.

Every employer subject to this chapter or any regulation pursuant thereto shall maintain records showing the hours worked by each employee and the wages paid to him and shall furnish to the Commissioner upon demand a sworn statement of the hours worked and wages paid to each person in his or its employment covered by this chapter. The records covering such hours and payments shall be open to inspection by the Commissioner, his deputy, or any authorized agent of the department at any reasonable time. Each employer subject to this chapter shall post copies of any regulation or order issued pursuant to its provisions in a conspicuous place in an area frequented by his employees.

(Ga. L. 1970, p. 153, § 4.)

Cross references. - Duty of employers to keep records generally, § 34-2-11 .

34-4-6. Action to recover difference where employee paid less than minimum wage.

If any employer pays any employee a lesser amount than the minimum wage provided in this chapter, the employee, at any time within three years, may bring a civil action in superior court for the recovery of the difference between the amount paid and the minimum wage provided in this chapter, plus an additional amount equal to the original claim, which shall be allowed as liquidated damages, together with costs and such reasonable attorney's fees as may be allowed by the court. No contract or agreement between any employer and his employees nor any acceptance of a lesser wage by any employee shall bar the action.

(Ga. L. 1970, p. 153, § 5.)

Cross references. - Time limitation on actions to recover wages, overtime and damages generally, § 9-3-22 .

34-5-1. Declaration of public policy regarding discriminatory wage practices based on sex.

The General Assembly declares that the practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work in jobs which require the same, or essentially the same, knowledge, skill, effort, and responsibility unjustly discriminates against the person receiving the lesser rate; leads to low worker morale, high turnover, and frequent labor unrest; discourages workers paid at the lesser wage rates from training for higher level jobs; curtails employment opportunities; decreases mobility of workers and increases labor costs; impairs purchasing power and threatens the maintenance of an adequate standard of living by such workers and their families; prevents optimum utilization of the labor resources available to the state; threatens the well-being of citizens of this state; and adversely affects the general welfare. It is declared to be the policy of the State of Georgia to eliminate, as rapidly as possible, by exercise of the police power of this state, discriminatory wage practices based on sex.

(Ga. L. 1966, p. 582, § 1.)

34-5-2. Definitions.

As used in this chapter, the term:

1. "Commissioner" means the Commissioner of Labor of the State of Georgia.
2. "Employ" means to permit to work.
3. "Employee" means any individual employed by an employer, other than domestic or agricultural employees, and includes individuals employed by the state or any of its political subdivisions, including public bodies.
4. "Employer" means any person employing ten or more employees and acting directly or indirectly in the interest of an employer in relation to an employee. The term "employer," as used in this chapter, means an employer who is engaged in intrastate commerce.
5. "Occupation" means any industry, trade, business or branch thereof, or any employment or class of employment.
6. "Person" means one or more individuals, partnerships, corporations, legal representatives, trustees, trustees in bankruptcy, or voluntary associations.
7. "Wage rate" means all compensation for employment, including payment in kind and amounts paid by employers for employee benefits.

   (Ga. L. 1966, p. 582, § 2; Ga. L. 1968, p. 1392, §§ 1, 2.)

34-5-3. Prohibition of discriminatory wage differentials; penalty for discharge of or discrimination against complainant.

1. No employer having employees subject to any provisions of this chapter shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work in jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions, except where such payment is made pursuant to (1) a seniority system, (2) a merit system, (3) a system which measures earnings by quantity or quality of production, or (4) a differential based on any other factor other than sex. An employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with this subsection, reduce the wage rate of any employee.
2. It shall also be unlawful for any person to cause or attempt to cause an employer to discriminate against any employee in violation of this chapter.
3. It shall be unlawful for any person to discharge or in any other manner discriminate against any employee covered by this chapter because such employee has made a complaint to his employer or any other person or has instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceedings. Any person who violates any provision of this Code section shall, upon conviction thereof, be punished by a fine not to exceed $100.00.

   (Ga. L. 1966, p. 582, §§ 3, 8.)

34-5-4. Powers and authority of Commissioner under chapter.

1. The Commissioner shall have the power and it shall be his duty to carry out this chapter; and for this purpose the Commissioner or his authorized representative shall have the power to:
   1. Assist any employer to ensure that all employees are receiving comparable pay for comparable work in jobs which require comparable skill, effort, and responsibility;
   2. Assist any employer so that the character of the work and operations on which persons are employed can be compared, to question such persons, and to obtain such other information as is reasonably necessary for the administration and enforcement of this chapter; and
   3. Eliminate pay practices unlawful under this chapter by informal methods of conference, conciliation, and persuasion.
2. The Commissioner is authorized to request witnesses to appear and to produce pertinent records for examination by the Commissioner or his authorized representative in the county of the place of business of the employer and such witnesses shall be paid the same fees as are allowed witnesses attending the superior courts of this state. In the event of failure of a person to attend, testify, or produce records voluntarily, the Commissioner may make application to the superior court of the county in which the business is located and, after notice and hearing, the court, in its discretion, and upon proper cause shown, may issue an order requiring the person to appear before the Commissioner or his authorized representative and testify or produce records as requested by the Commissioner.
3. The Commissioner shall have the authority to issue such rules and regulations appropriate to the carrying out of this chapter.

   (Ga. L. 1968, p. 1392, § 3.)

34-5-5. Collection of unpaid wages by aggrieved employee; attorney's fee; when action may be commenced.

1. Any employer who violates Code Section 34-5-3 shall be liable to the employee affected in the amount of his unpaid wages. An action to recover such liability may be maintained in any court of competent jurisdiction by the aggrieved employee. The court in such action shall, in cases of violation, in addition to any judgment awarded to plaintiff, allow costs of the action and a reasonable attorney's fee not to exceed 25 percent of the judgment to be paid by the defendant.
2. Court action under this Code section may be commenced no later than one year after the cause of action accrues.

   (Ga. L. 1966, p. 582, §§ 4, 5.)

Cross references. - Time limitation on actions to recover wages, overtime, or other benefits generally, § 9-3-22 .

34-5-6. Arbitration of disputes between employers and employees; appointment of arbitrators.

In the event any dispute should arise between any employer and employee covered by this chapter in relation to any subject matter which is covered by this chapter, either of the parties shall have the right to request arbitration of the dispute. The party requesting arbitration shall file written notice of his request with the opposite party by either registered or certified mail or statutory overnight delivery. Within 30 days after receipt of such notice, the other party shall either accept or reject the arbitration offer. If the offer is accepted, the employer and the employee shall each select and appoint one arbitrator within ten days after acceptance. The arbitrators so selected shall then select a county adjoining the county in which the business of the employer is located and in which the dispute arose and the judge of the superior court or the senior judge thereof in terms of length of service on the bench of the judicial circuit in which such selected county shall be located shall appoint a third arbitrator who shall act as the chairman of the arbitration committee. The arbitration committee shall meet at such time as shall be fixed by the chairman and, after giving notice of the hearing to the parties concerned and affording them an opportunity to appear and be heard on the matters in dispute, shall proceed to resolve all matters contained within the request for arbitration. The decision of the arbitration committee shall be binding upon the parties affected, except that either party may appeal such decision to any court of competent jurisdiction within 30 days from publication of the decision.

(Ga. L. 1966, p. 582, § 6; Ga. L. 2000, p. 1589, § 3.)

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the 2000 amendment is applicable to notices delivered on or after July 1, 2000.

Cross references. - Arbitration generally, T. 9, C. 9.

34-5-7. Posting of law by employers.

Every employer subject to this chapter shall keep an abstract or copy of this chapter posted in a conspicuous place in or about the premises wherein any employee is employed. Employers shall be furnished copies or abstracts of this chapter by the state upon request and without charge.

(Ga. L. 1966, p. 582, § 7.)

34-6-1. Requirement of notice by labor organization before strike; penalty.

1. As used in this Code section, the term:
   1. "Labor organization" means any labor union or any organization or agency or employee representation, committee, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
   2. "Local" means any local agency or branch or dues or assessment collecting unit or affiliate of a labor organization. A labor organization shall also be a local when it collects dues or assessments directly from its members and not through the medium of a branch or another local.
2. No labor organization and no local shall call or cause any strike, slowdown, or stoppage of work in this state until after 30 days' written notice is given by the labor organization or local to the employer, stating the intention to call the strike, slowdown, or stoppage of work and giving the reasons therefor.
3. Nothing in this Code section shall apply to any labor organization or local in a seasonal industry such as the ladies' garment, hat and millinery, and men's clothing industry, nor shall any provision of this Code section apply to labor unions of railroad employees operating under the Railway Labor Act.
4. Any person violating any of the provisions of this Code section shall be guilty of a misdemeanor.

   (Ga. L. 1941, p. 515, §§ 1-4, 8.)

Cross references. - Punishment for misdemeanors generally, § 17-10-3 .

U.S. Code. - The Railway Labor Act, referred to in subsection (c) of this Code section, is codified as 45 U.S.C. § 151 et seq.

34-6-2. Use of force or threats to compel continuance in or departure from employment.

It shall be unlawful for any person, acting alone or in concert with one or more other persons, by the use of force, intimidation, violence, or threats thereof to prevent or attempt to prevent any individual from leaving or continuing in the employment of or from accepting or refusing employment by any employer or from entering or leaving any place of employment of such employer.

(Ga. L. 1947, p. 620, § 1.)

Cross references. - Freedom of assembly, Ga. Const. 1983, Art. I, Sec. I, Para. IX.

Law reviews. - For article, "State Court Injunctions in Labor Disputes," see 10 Ga. St. B. J. 559 (1974).

34-6-3. Unlawful assemblages near site of labor dispute.

It shall be unlawful for any person, acting in concert with one or more other persons, to assemble at or near any place where a labor dispute exists and by force, intimidation, violence, or threats thereof to prevent or attempt to prevent any person from engaging in any lawful vocation or for any person acting either by himself, or as a member of any group or organization or acting in concert with one or more other persons to promote, encourage, or aid any such unlawful assemblage.

(Ga. L. 1947, p. 620, § 2.)

Cross references. - Freedom of assembly, Ga. Const. 1983, Art. I, Sec. I, Para. IX.

Law reviews. - For article, "State Court Injunctions in Labor Disputes," see 10 Ga. St. B. J. 559 (1974).

34-6-4. Interference with lawful exercise of business activity.

It shall be unlawful for any person, acting alone or in concert with one or more other persons, by the use of force, intimidation, violence, or threats thereof to prevent or attempt to prevent any employer from lawfully engaging or continuing to engage in any proper and lawful business activity; from properly, lawfully, or peaceably using or enjoying his property used or useful in the conduct of such business; from acquiring materials or supplies for the purposes of such business; or from disposing of the goods, wares, or products of such business. It shall further be unlawful to prevent or attempt to prevent any carrier or other person from supplying or delivering materials or supplies to any such employer or from receiving or accepting delivery on the premises of such business of the goods, wares, or products of such business.

(Ga. L. 1947, p. 620, § 5.)

Cross references. - Freedom of assembly, Ga. Const. 1983, Art. I, Sec. I, Para. IX.

Law reviews. - For article, "State Court Injunctions in Labor Disputes," see 10 Ga. St. B. J. 559 (1974).

34-6-5. Interference with public ways of travel, transportation, or conveyance by mass picketing near site of labor dispute.

It shall be unlawful for any person to engage in mass picketing at or near any place where a labor dispute exists in such number or manner as to obstruct or interfere with or constitute a threat to obstruct or interfere with the entrance to or egress from any place of employment or the free and uninterrupted use of public roads, streets, highways, railroads, airports, or other ways of travel, transportation, or conveyance.

(Ga. L. 1947, p. 620, § 3.)

Cross references. - Freedom of assembly, Ga. Const. 1983, Art. I, Sec. I, Para. IX.

Obstruction of, encroachment upon, or injuring public roads generally, § 32-6-1 .

Law reviews. - For article, "State Court Injunctions in Labor Disputes," see 10 Ga. St. B. J. 559 (1974).

34-6-6. Use of force or threats to compel or prevent labor organization membership or to compel or prevent strike participation.

It shall be unlawful for any person, acting alone or in concert with one or more other persons, to compel or attempt to compel any person to join or refrain from joining any labor organization or to strike or refrain from striking against his will by any threatened or actual interference with his person, immediate family, or physical property or by any threatened or actual interference with the pursuit of lawful employment by such person or by his immediate family.

(Ga. L. 1947, p. 620, § 4.)

Cross references. - Freedom of assembly, Ga. Const. 1983, Art. I, Sec. I, Para. IX.

Law reviews. - For comment on Woodard v. Collier, 210 Ga. 239 , 78 S.E.2d 526 (1953), see 17 Ga. B. J. 128 (1954). For comment on Curry v. Construction & Gen. Laborers Union Local 438, 217 Ga. 512 , 123 S.E.2d 653 (1962), see 14 Mercer L. Rev. 456 (1963).

34-6-7. Penalty for unlawful picketing and for unlawful interference with employment or business activity.

Any person who violates any provision of Code Sections 34-6-2 through 34-6-6 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

(Ga. L. 1947, p. 620, § 6.)

Cross references. - Freedom of assembly, Ga. Const. 1983, Art. I, Sec. I, Para. IX.

34-6-8. Payment of charges by carriers or shippers for movement of motor vehicles to or by rail facilities; receipt by labor organizations of such payments; penalties.

1. As used in this Code section, the term "labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
2. It shall be unlawful for any carrier or shipper of property or any association of carriers or shippers to agree to pay or to pay to or for the benefit of a labor organization, directly or indirectly, any charge by reason of the placing upon, delivery to, or movement by rail or by railroad car of a motor vehicle, trailer, or container which is also capable of being moved or propelled upon the highways.
3. It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers, any payment described in subsection (b) of this Code section.
4. Any corporation, association, organization, or person who agrees to pay, or who does pay, or who agrees to receive, or who does receive, any payment described in subsection (b) of this Code section shall be guilty of a misdemeanor. Each act of violation and each day during which such an agreement remains in effect shall constitute a separate and distinct offense.

   (Ga. L. 1962, p. 448, §§ 1-4.)

Cross references. - Punishment for misdemeanors generally, § 17-10-3 .

34-6-20. Definitions.

As used in this article, the term:

1. "Employee" includes any employee and shall not be limited to the employees of a particular employer.
2. "Employer" includes any person acting in the interest of an employer, directly or indirectly, but shall not include the United States, a state or any political subdivision thereof, any person subject to the Railway Labor Act, as amended, any person employed by a transit authority subject to the provisions and requirements of Section 13(c) of the Federal Transit Act, 49 U.S.C. Section 5333(b), any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.
3. "Employment" means employment by an employer.
4. "Federal labor laws" means the National Labor Relations Act and the Labor Management Relations Act, as amended by federal administrative regulations relating to labor and management or employee and employer issues, and the United States Constitution as amended and as construed by the federal courts.
5. "Governmental body" means the State of Georgia or any local government or its subdivisions, including but not limited to cities, municipalities, counties, and any public body, agency, board, commission or other governmental, quasi-governmental, or quasi-public body, or like capacity of local government or its subdivision.
6. "Labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

   (Ga. L. 1947, p. 616, § 1; Ga. L. 2013, p. 623, § 1/HB 361.)

Editor's notes. - Ga. L. 2013, p. 623, § 6/HB 361, not codified by the General Assembly, provides for severability.

U.S. Code. - The Railway Labor Act, referred to in paragraph (2) of this Code section, is codified as 45 U.S.C. § 151 et seq.

Law reviews. - For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 191 (2013).

34-6-20.1. Statement of rights under federal law.

The rights protected under federal labor laws include, but are not limited to:

1. An employer's or employee's right to express views in favor of or contrary to unionization and any other labor relations issues to the full extent allowed by the First Amendment of the United States Constitution and Section 8(c) of the National Labor Relations Act;
2. An employee's right to participate in, and an employer's right to demand, a secret ballot election under federal law, including, without limitation, the full procedural protections afforded by such laws for defining the unit, conducting the election campaign and election, and making any challenges or objections thereto; and
3. An employer's right to:
   1. Oppose the recognition of a labor organization based solely on reviewing authorization cards absent a secret ballot election conducted in accordance with federal labor laws;
   2. Refuse to release sensitive and private employee information beyond the requirements of federal labor laws;
   3. Maintain the confidentiality of employee information to the maximum extent allowed by federal labor laws; and
   4. Restrict access to its property or business to the maximum extent allowed by federal labor laws. (Code 1981, § 34-6-20.1 , enacted by Ga. L. 2013, p. 623, § 2/HB 361.)

Editor's notes. - Ga. L. 2013, p. 623, § 6/HB 361, not codified by the General Assembly, provides for severability.

U.S. Code. - Section 8(c) of the National Labor Relations Act, referred to in this Code section, is codified as 29 U.S.C. § 158(c).

Law reviews. - For article on the 2013 enactment of this Code section, see 30 Ga. St. U.L. Rev. 191 (2013).

34-6-21. Membership in or resignation from labor organization as condition of employment or continuation of employment; application of federal law.

1. No individual shall be required as a condition of employment or continuance of employment to be or remain a member or an affiliate of a labor organization or to resign from or to refrain from membership in or affiliation with a labor organization.
2. No governmental body may pass any law, ordinance, or regulation or impose any contractual, zoning, permitting, licensing, or other condition that requires any employer or employee to waive statutory rights under federal labor laws.
3. No governmental body may pass any law, ordinance, or regulation that would require, in whole or in part, an employer or multiple employer association to accept or otherwise agree to any provisions that are mandatory or nonmandatory subjects of collective bargaining under federal labor laws, including, but not limited to, any limitations on an employer's or multiple employer association's right to engage in collective bargaining with a labor organization, to lock out employees, or to operate during a work stoppage; provided, however, that the foregoing shall not invalidate or otherwise restrict the application of federal labor laws.
4. No employer or labor organization shall be forced to enter into any agreement, contract, understanding, or practice, written or oral, implied or expressed, that subverts the established process by which employees may make informed and free decisions regarding representation and collective bargaining rights provided for by federal labor laws.

   (Ga. L. 1947, p. 616, § 2; Ga. L. 2013, p. 623, § 3/HB 361.)

Editor's notes. - Ga. L. 2013, p. 623, § 6/HB 361, not codified by the General Assembly, provides for severability.

Law reviews. - For article discussing right of Georgia public employees to organize into labor unions, bargain collectively, and engage in concerted activity, see 4 Ga. L. Rev. 110 (1969). For article suggesting that Georgia's prohibition against closed shops may be an incentive for establishment of non-Georgia business enterprises in the state, see 27 Mercer L. Rev. 629 (1976). For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 191 (2013). For note advocating reassessment of state authority towards injunctions in labor disputes, see 18 Mercer L. Rev. 461 (1967).

34-6-22. Payment to labor organization of fee or assessment as condition of employment.

No individual shall be required as a condition of employment or continuance of employment to pay any fee, assessment, or other sum of money whatsoever to a labor organization.

(Ga. L. 1947, p. 616, § 3.)

34-6-23. Contracts contrary to public policy.

Any provision in a contract between an employer and a labor organization which requires as a condition of employment or continuance of employment that any individual be or remain a member or an affiliate of a labor organization or that any individual pay any fee, assessment, or other sum of money whatsoever to a labor organization is declared to be contrary to the public policy of this state; and any such provision in any such contract heretofore or hereafter made shall be absolutely void.

(Ga. L. 1947, p. 616, § 4.)

34-6-24. Contracts requiring membership in or payments to labor organizations as condition of employment.

It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer so as to require as a condition of employment or continuance of employment that any individual be or remain a member of a labor organization or that any individual pay any fee, assessment, or other sum of money whatsoever to a labor organization.

(Ga. L. 1947, p. 616, § 5.)

34-6-25. Deductions from employees' earnings of fees of labor organizations; exceptions.

1. No employer shall deduct from the wages or other earnings of any employee any fee, assessment, or other sum of money whatsoever to be held for or to be paid over to a labor organization except on the written authorization of the employee. Such authorization may be revoked at any time at the request of the employee.
2. Nothing in this Code section shall be construed to impair any contract, agreement, or collective bargaining agreement in existence prior to July 1, 2013.
3. This Code section shall not apply to any collective bargaining agreement entered into pursuant to the Railway Labor Act, as amended, or to any professional association whose membership is exclusively composed of educators, law enforcement officers, or firefighters not engaged or engaging in contracting or collective bargaining.

   (Ga. L. 1947, p. 616, § 6; Ga. L. 2013, p. 623, § 4/HB 361.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2013, "to July 1, 2013" was substituted for "to the effective date of this Code section" at the end of subsection (b).

Editor's notes. - Ga. L. 2013, p. 623, § 6/HB 361, not codified by the General Assembly, provides for severability.

Law reviews. - For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 191 (2013).

34-6-26. Contracts allowing deductions from employees' earnings of fees of labor organizations.

1. It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer for the deduction of any fee, assessment, or other sum of money whatsoever from the wages or other earnings of an employee to be held for or to be paid over to a labor organization except upon the condition to be embodied in such contract that such deduction will be made only on the written authorization of the employee. Such authorization may be revoked at any time at the request of the employee.
2. Nothing in this Code section shall be construed to impair any contract, agreement, or collective bargaining agreement in existence prior to July 1, 2013.

   (Ga. L. 1947, p. 616, § 7; Ga. L. 2013, p. 623, § 5/HB 361.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2013, "to July 1, 2013" was substituted for "to the effective date of this Code section" at the end of subsection (b).

Editor's notes. - Ga. L. 2013, p. 623, § 6/HB 361, not codified by the General Assembly, provides for severability.

Law reviews. - For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 191 (2013).

34-6-27. Injunctive relief where contracts made unlawful by article; application for injunction; assessment of court costs.

The remedy of injunction, in addition to any other available remedy, is given to any individual whose employment is affected, or may be affected, by any contract which is declared in whole or in part to be void by any provision of this article. The application for injunction may be filed in any court of appropriate jurisdiction, and service shall be made upon the parties in the manner now or hereafter provided by law. In any such proceeding, the plaintiff shall be entitled to his costs and reasonable attorneys' fees and shall recover actual damages sustained by him. The court shall assess such costs, attorneys' fees, and damages between the parties to the contract under equitable rules and principles.

(Ga. L. 1947, p. 616, § 8.)

Law reviews. - For note advocating reassessment of state authority towards injunctions in labor disputes, see 18 Mercer L. Rev. 461 (1967).

34-6-28. Penalty for violations of Code Sections 34-6-24 through 34-6-26.

Any employer or labor organization and any person acting for an employer or labor organization who violates any of the provisions of Code Section 34-6-24, 34-6-25, or 34-6-26 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

(Ga. L. 1947, p. 616, § 9.)

34-6A-1. Short title.

This chapter shall be known and may be cited as the "Georgia Equal Employment for Persons With Disabilities Code."

(Code 1933, § 66-501, enacted by Ga. L. 1981, p. 1803, § 2; Ga. L. 1995, p. 1302, § 4.)

Law reviews. - For survey of 1987 Eleventh Circuit cases on constitutional law - civil, see 39 Mercer L. Rev. 1169 (1988).

34-6A-2. Definitions.

As used in this chapter, the term:

1. "Disability" means any condition or characteristic that renders a person an individual with disabilities but shall not include addiction to any drug or illegal or federally controlled substance nor addiction to the use of alcohol.
2. "Employer" means a person or governmental unit or officer in this state having in his, her, or its employ 15 or more individuals or any person acting as an agent of an employer.
3. "Individual with disabilities" means any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities and who has a record of such impairment. The term "individual with disabilities" shall not include any person who is addicted to the use of any drug or illegal or federally controlled substance nor addiction to the use of alcohol.
4. "Labor organization" means an organization of any kind; agents of such organization; an agency or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; or a conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.
5. "Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
6. "Persons" means one or more individuals, partnerships, this state, municipalities or other political subdivisions within the state, associations, labor organizations, or corporations.
7. "Physical or mental impairment" means:
   1. Any physiological disorder or condition or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, or endocrine; or
   2. Intellectual disabilities and specific learning disabilities.
8. "Substantially limits" means that the impairment so affects a person as to create a likelihood that such person will experience difficulty in securing, retaining, or advancing in employment because of a disability.
9. "Unfair employment practice" means an act that is prohibited under this chapter.

   (Code 1933, § 66-502, enacted by Ga. L. 1981, p. 1803, § 2; Ga. L. 1982, p. 3, § 34; Ga. L. 1995, p. 1302, § 4; Ga. L. 2015, p. 385, § 4-16/HB 252.)

The 2015 amendment, effective July 1, 2015, substituted "Intellectual disabilities" for "Mental retardation" at the beginning of subparagraph (7)(B).

Code Commission notes. - Pursuant to § 28-9-5 , in 1988, hyphens were deleted in paragraphs (2) and (3).

Editor's notes. - Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'J. Calvin Hill, Jr., Act.' "

Ga. L. 2015, p. 385, § 4-16/HB 252, purported to amend this Code section by substituting "mental retardation" for "intellectual disabilities"; however, "intellectual" was capitalized due to appearing at the beginning of subparagraph (7)(B).

34-6A-3. Inquiries by employer as to existence of disability; employment decisions based on disability.

1. Nothing in this chapter shall be construed to prevent an employer from making any job related inquiry about the existence of the disability of an applicant for employment and about the extent to which that disability has been overcome by treatment, medication, appliances, or other rehabilitation.
2. Nothing in this chapter shall be construed to prohibit the rejection of an applicant for employment on the basis of:
   1. A disability which interferes with a person's ability to perform assigned job duties adequately; or
   2. Any communicable disease, either carried by or afflicting the applicant.
3. Nothing in this chapter shall be construed to prevent or otherwise make illegal any employment decision affecting any person where such decision is based upon an employer's good faith reliance upon a professional opinion rendered by a licensed physician, rehabilitation specialist, psychologist, physical therapist, dentist, or other similar licensed health care professional concerning that person.

   (Code 1933, § 66-503, enacted by Ga. L. 1981, p. 1803, § 2; Ga. L. 1995, p. 1302, § 4.)

Cross references. - Policy of state with regard to employment of the disabled by state or political subdivisions, § 30-1-2 .

Access to and use of public buildings and facilities by the handicapped, T. 30, C. 3.

34-6A-4. Prohibited discriminatory activities.

1. No employer shall fail or refuse to hire nor shall any employer discharge or discriminate against any individual with disabilities with respect to wages, rates of pay, hours, or other terms and conditions of employment because of such person's disability unless such disability restricts that individual's ability to engage in the particular job or occupation for which he or she is eligible; nor shall any employer limit, segregate, or classify individuals with disabilities in any way which would deprive or tend to deprive any individual with disabilities of employment opportunities or otherwise affect employee status because of such person's disability, unless such disability constitutes a bona fide and necessary reason for such limitation, segregation, or classification. This subsection shall not be construed to require any employer to modify his or her physical facilities or grounds in any way or exercise a higher degree of caution for an individual with disabilities than for any person who is not an individual with disabilities, nor shall this subsection be construed to prohibit otherwise lawful employment practices or requirements merely because such practices or requirements affect a greater proportion of individuals with disabilities than individuals without disabilities within the area from which the employer customarily hires his or her employees.
2. No employment agency, placement service, training school or center, or labor organization shall fail or refuse to refer for employment or otherwise discriminate against individuals because of their disability.
3. No labor organization shall exclude or expel from its membership or otherwise discriminate against individuals because of their disability; nor shall a labor organization limit, segregate, or classify its membership or classify or fail or refuse to refer for employment any individual with disabilities in any way which would deprive or tend to deprive any individual with disabilities of employment opportunities, would otherwise affect such person's employee status or employment applicant status, or would adversely affect such person's wages, hours, or conditions of employment because of such person's disability.
4. No employer, labor organization, or joint labor-management committee controlling apprenticeship programs or other training or retraining, including on-the-job training programs, shall discriminate against any individual because of such individual's disability, in the admission to or the employment in any program established to provide apprenticeship or other training.
5. It is discrimination for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such employer, which advertisement or notice indicates any preference, limitation, specification, or discrimination based on disability, except that such a notice or advertisement may indicate a limitation or specification based upon disability if the criteria is job related.

   (Code 1933, § 66-504, enacted by Ga. L. 1981, p. 1803, § 2; Ga. L. 1989, p. 14, § 34; Ga. L. 1995, p. 1302, § 4.)

Cross references. - Policy of state with regard to employment of the disabled by state or political subdivisions, § 30-1-2 .

Access to and use of public buildings and facilities by the handicapped, T. 30, C. 3.

Code Commission notes. - Pursuant to § 28-9-5 , in 1989, "opportunities" was substituted for "opportunties" in subsection (c).

34-6A-5. Retaliation by employers against employees; labor organization members.

No employer shall discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment because such person has opposed any practice made an unfair employment practice by this chapter or because such person has filed a charge, testified, assisted, or participated in any manner in an investigation, action, proceeding, or hearing under this chapter; nor shall any employment agency discriminate against any person; nor shall a labor organization discriminate against any member or applicant for membership for such reasons.

(Code 1933, § 66-505, enacted by Ga. L. 1981, p. 1803, § 2; Ga. L. 1995, p. 1302, § 4.)

34-6A-6. Actions against persons engaged in unfair employment practices; remedies, court costs, and attorneys' fees.

1. Any individual with disabilities who is aggrieved by an unfair employment practice against such individual may institute a civil action against the persons engaged in such prohibited conduct. Such action may be brought in any court of record in this state having jurisdiction over the defendant and shall be brought within 180 days after the alleged prohibited conduct occurred. However, no person shall be a party plaintiff to any such action unless such person gives his or her consent in writing and such consent is filed with the court in which the action is brought.
2. The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including but not limited to hiring, reinstatement, or upgrading of employees; admission or restoration of the aggrieved individual to union membership; admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program; and the utilization of training related criteria in the admission of individuals to such training programs and job related criteria for employment. The court may award to the plaintiff back pay. The court may award court costs and reasonable attorneys' fees to the prevailing party.

   (Code 1933, § 66-506, enacted by Ga. L. 1981, p. 1803, § 2; Ga. L. 1995, p. 1302, § 4.)

34-7-1. Determination of term of employment; manner of termination of indefinite hiring.

If a contract of employment provides that wages are payable at a stipulated period, the presumption shall arise that the hiring is for such period, provided that, if anything else in the contract indicates that the hiring was for a longer term, the mere reservation of wages for a lesser time will not control. An indefinite hiring may be terminated at will by either party.

(Civil Code 1895, § 2614; Civil Code 1910, § 3133; Code 1933, § 66-101.)

History of section. - This section is derived from the decision in Magarahan v. Wright, 83 Ga. 773 , 10 S.E. 584 (1889).

Law reviews. - For survey article on contracts - Employment at Will, see 34 Mercer L. Rev. 86 (1982). For article, "The Decline of Assent: At-Will Employment As a Case Study of the Breakdown of Private Law Theory," see 20 Ga. L. Rev. 323 (1986). For annual survey of law of torts, see 38 Mercer L. Rev. 351 (1986). For annual survey of workers' compensation, see 38 Mercer L. Rev. 431 (1986). For article, "'Sometime the Road Less Traveled is Less Traveled for a Reason': The Need For Change in Georgia's Employment-at-Will Doctrine and Refusal to Adopt the Public Policy Exception," see 35 Ga. L. Rev. 1021 (2001). For article, "Labor and Employment Law," see 53 Mercer L. Rev. 349 (2001). For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003). For annual survey of labor and employment law, see 56 Mercer L. Rev. 291 (2004). For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005). For annual survey of labor and employment law, see 58 Mercer L. Rev. 211 (2006). For survey article on labor and employment law, see 59 Mercer L. Rev. 233 (2007). For survey article on labor and employment law, see 60 Mercer L. Rev. 217 (2008). For annual survey of labor and employment law, see 61 Mercer L. Rev. 213 (2009). For article, "The Public Policy Exception to Employment At-Will: Time to Retire a Noble Warrior?," see 61 Mercer L. Rev. 551 (2010). For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For annual survey on labor and employment law, see 64 Mercer L. Rev. 173 (2012). For article, "Employment Discrimination," see 64 Mercer L. Rev. 891 (2013). For annual survey on labor and employment law, see 65 Mercer L. Rev. 157 (2013). For annual survey on labor and employment law, see 66 Mercer L. Rev. 121 (2014). For annual survey on labor and employment law, see 67 Mercer L. Rev. 91 (2015). For annual survey on labor and employment law, see 69 Mercer L. Rev. 141 (2017).

34-7-2. Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer.

1. As used in this Code section, the term "payroll card account" means an account that is directly or indirectly established through a person, firm, or corporation employing wageworkers or other employees and to which electronic fund transfers of the wages or salary of such employees are made on a recurring basis, whether the account is operated or managed by such person, firm, or corporation or a third-party payroll processor, a depository institution, or any other person.
2. Every person, firm, or corporation, including steam and electric railroads, but not including farming, sawmill, and turpentine industries, employing skilled or unskilled wageworkers in manual, mechanical, or clerical labor, including all employees except officials, superintendents, or other heads or subheads of departments who may be employed by the month or year at stipulated salaries, shall make wage and salary payments to such employees or to their authorized representatives (1) by lawful money of the United States, (2) by check, (3) with the consent of the employee, by authorization of electronic credit transfer to his or her account with a bank, trust company, or other financial institution authorized by the United States or one of the several states to receive deposits in the United States, or (4) by credit to a payroll card account. Such payments shall be made on such dates during the month as may be decided upon by such person, firm, or corporation; provided, however, that the dates so selected shall be such that the month will be divided into at least two equal periods; and provided, further, that the payments made on each such date shall in every case correspond to the full net amount of wages or earnings due the employees for the period for which the payment is made.
3. A person, firm, or corporation that elects pursuant to subsection (b) of this Code section to make wage and salary payments by using credit to a payroll card account shall provide the employee with each of the following:
   1. A written explanation of any fees associated with the payroll card account offered to the employee. For all employees employed on the date a person, firm, or corporation elects to make such wage and salary payments by using credit to a payroll card account, such written explanation shall be provided at least 30 days prior to the date such payroll card account is to become available. For any employee hired after the date of such election, the written explanation shall be provided at the time of hiring. A form shall be provided simultaneously with the written explanation of fees allowing employees to opt out of receiving such payments as credit to a payroll card account as provided in paragraphs (2) and (3) of this subsection. Such form shall also be made generally available to employees;
   2. The ability to opt out of receiving such payments as credit to a payroll card account by submitting in writing a request for a check; and
   3. The ability to opt out of receiving such payments as credit to a payroll card account by providing the proper designation and authorization for an electronic credit transfer.

      (Ga. L. 1919, p. 388, § 1; Code 1933, § 66-102; Ga. L. 1973, p. 672, § 1; Ga. L. 1982, p. 3, § 34; Ga. L. 1984, p. 22, § 34; Ga. L. 2015, p. 596, § 1/SB 88.)

The 2015 amendment, effective May 5, 2015, designated the existing provisions of this Code section as subsection (b); added subsections (a) and (c); and, in the middle of the first sentence of subsection (b), substituted "subheads of departments" for "subheads of department", deleted "or" following "(2) by check", substituted "authorization of electronic credit transfer to his or her account" for "authorization of credit transfer to his account", and, at the end of the first sentence, added ", or (4) by credit to a payroll card account."

Law reviews. - For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005). For article, "Georgia's 'Bring Your Gun to Work' Law May Not Have the Firepower to Trouble Georgia Employers After All," see 14 (No. 7) Ga. St. B. J. 12 (2009). For comment criticizing Messenger v. State, 209 Ga. 340 , 72 S.E.2d 460 (1952), see 4 Mercer L. Rev. 371 (1953).

34-7-3. Requirements where wages paid by written instrument; effect of protest or dishonor.

1. Any order, check, draft, note, or other instrument issued in payment of wages or salary due or to become due must be negotiable and payable in cash, on demand, without discount, at some established place of business in the United States, the name and address of which must appear on the instrument. At the time of issuance of such instrument and for a reasonable time thereafter (which must be at least 30 days), the maker or drawer must have sufficient funds or credit or an arrangement or understanding with the drawee as to its payment.
2. Where an instrument described in this Code section is protested or dishonored, the notice or memorandum of protest or dishonor is admissible as proof of presentation, nonpayment, and protest and is presumptive evidence of knowledge of insufficiency of funds or credit with the drawee.

   (Code 1933, § 66-102.1, enacted by Ga. L. 1973, p. 672, § 2.)

Cross references. - Negotiable instruments generally, Art. 3, T. 11.

34-7-4. Payment of outstanding wages to beneficiary; payment as release from claims to funds or claims against employer.

1. 1. Upon the death of any person who was employed by any political subdivision of the state or by any railroad company or other corporation, individual, or partnership doing business in this state, if the deceased employee had wages or other moneys due from such employer, it shall be lawful for such employer to pay all of such sums if they do not exceed $2,500.00, or to pay the sum of $2,500.00 if such sums exceed $2,500.00 or upon the death of any person who was employed by the state, if the deceased employee had wages or other moneys due from the state, it shall be lawful for the state to pay all of such sums, as follows:
      1. In the absence of a beneficiary designated in writing by the employee, then to the employee's surviving spouse;
      2. In the absence of a beneficiary designated in writing by the employee and where the employee left no surviving spouse but left a surviving minor child or children, then to the duly qualified guardian of the minor child or children without any administration upon the estate of the employee; or
      3. Where a beneficiary has been designated in writing by the employee to receive such sums and such beneficiary is under no legal incapacity to prevent him from receiving such sums, then to such beneficiary, or, if such beneficiary is under such legal incapacity, then to his duly qualified guardian.

         Such funds to the amount of $2,500.00 shall be exempt from any and all process of garnishment.

   2. It shall be the responsibility of the employee to provide and the responsibility of the employer to request the name and current address of the employee's spouse or, if there is no spouse, the name and current address of each minor child of the employee. If the employee, at his election, designates a beneficiary to receive such sums, such designation shall be in writing, shall include the name and address of such beneficiary, and shall be signed by the employee. The employer shall inform the employee that any sums payable under this Code section may be paid pursuant to the designation made by the employee to a beneficiary, or to the employee's spouse, or to the employee's minor child or children as provided in this Code section and shall request the employee to furnish and keep any such information and designation current. The employer shall not be subject to any penalty for failure to inform and request that the employee furnish such information and designation, or for the failure of the employer to pay such sums in accordance with the provisions of this Code section.
2. Any employer described in subsection (a) of this Code section may pay over any sums due under subsection (a) of this Code section upon the demand of such designated beneficiary or guardian thereof, or, if no such beneficiary is designated, then upon the demand of the surviving spouse, or, if in the absence of such designated beneficiary and where there is no surviving spouse, upon the demand of the minor child or children or the guardian thereof.
3. The paying over of any sums due as permitted under subsections (a) and (b) of this Code section to the proper party or parties as set forth in this Code section shall operate as a release from all claims to such sums or as a release from all claims against the state, political subdivision thereof, railroad company, or other corporate, partnership, or individual employer by the estate of the employee, the creditors thereof, the surviving spouse or minor child or children or the guardian thereof, or any other person.

   (Ga. L. 1898, p. 91, § 1; Ga. L. 1901, p. 60, §§ 1-3; Civil Code 1910, §§ 3134, 3135, 3136; Ga. L. 1915, p. 21, § 1; Code 1933, §§ 66-103, 66-104, 66-105; Ga. L. 1958, p. 641, § 1; Ga. L. 1963, p. 434, § 1; Ga. L. 1975, p. 1191, § 1; Ga. L. 1981, p. 639, § 1; Ga. L. 1983, p. 659, § 1.)

Law reviews. - For article discussing nonjudicial settlement of a decedent's estate, see 6 Ga. L. Rev. 74 (1971).

34-7-5. Redemption of checks or other written evidences of indebtedness for wages.

Any corporation or person doing business of any kind in this state who shall issue checks or written evidences of indebtedness for the wages of laborers shall redeem at full value, in cash, such written evidences of indebtedness on demand and presentation to the proper person on the regular monthly payday; and, if there shall be no regular monthly payday, then such written evidences shall be redeemed upon demand and presentation on any regular business day after 30 days from the issuance thereof. For every failure to redeem such evidences of indebtedness, such corporation or person shall be liable to the owner thereof in the sum of $10.00, to be recovered by suit, unless the corporation or person shall, upon the trial, prove insolvency or actual inability to redeem at the time of demand and presentation.

(Ga. L. 1888, p. 48, § 1; Civil Code 1895, § 1871; Civil Code 1910, § 2235; Code 1933, § 66-106; Ga. L. 1998, p. 128, § 34.)

34-7-6. Professional employer organizations; rights, powers, and responsibilities.

1. As used in this Code section, the term "professional employer organization" means an employee leasing company as defined in Code Section 34-8-32 that has established a coemployment relationship with another employer, pays the wages of the employees of the coemployer, reserves a right of direction and control over the employees of the coemployer, and assumes responsibility for the withholding and payment of payroll taxes of the coemployer.
2. A professional employer organization may collect information to evaluate costs; may obtain life, accident and sickness, disability income, workers' compensation, and other types of insurance coverage; may establish retirement plans; may have other types of employee benefits; and may discuss such benefits with prospective coemployers and their employees.
3. A coemployer of a professional employer organization shall retain sufficient direction and control over the employees involved in a coemployment relationship as is necessary to conduct its business operations and fulfill its obligations to such employees. Unless otherwise agreed in writing, such coemployer shall be considered to be the sole employer of such employees for licensing purposes, provided that nothing contained in this Code section shall be deemed to prohibit a professional employer organization and its coemployer from agreeing that the professional employer organization shall be considered to be an employer for licensing purposes. The professional employer organization shall give written notice of such an agreement to the appropriate licensing agency and to the employees involved.
4. It is the intent of this Code section that professional employer organizations shall be considered to be employers under this title and are required to comply with the provisions of Code Sections 34-8-32 , 34-8-34 , and 34-8-172 . Professional employer organizations and their coemployer clients are entitled to exclusive remedy under Code Section 34-9-11 . (Code 1981, § 34-7-6 , enacted by Ga. L. 1999, p. 519, § 1.)

Law reviews. - For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003).

34-7-20. Care by employer in selection of employees and in furnishing of safe machinery; employer's duty to warn.

The employer is bound to exercise ordinary care in the selection of employees and not to retain them after knowledge of incompetency; he shall use like care in furnishing machinery equal in kind to that in general use and reasonably safe for all persons who operate it with ordinary care and diligence. If there are latent defects in machinery or dangers incident to an employment, which defects or dangers the employer knows or ought to know but which are unknown to the employee, then the employer shall give the employee warning with respect thereto.

(Civil Code 1895, § 2611; Civil Code 1910, § 3130; Code 1933, § 66-301.)

History of section. - This Code section is derived from the decisions in Georgia R.R. & Banking Co. v. Nelms, 83 Ga. 70 , 9 S.E. 1049 (1889); Davis v. Augusta Factory, 92 Ga. 712 , 18 S.E. 974 (1893); May v. Smith, 92 Ga. 95 , 18 S.E. 360 (1893).

Law reviews. - For article discussing origin and construction of Georgia provisions concerning master-servant relationship, see 14 Ga. L. Rev. 239 (1980). For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003). For survey article on labor and employment law, see 59 Mercer L. Rev. 233 (2007). For survey article on labor and employment law, see 60 Mercer L. Rev. 217 (2008). For annual survey of labor and employment law, see 61 Mercer L. Rev. 213 (2009). For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For annual survey on labor and employment law, see 64 Mercer L. Rev. 173 (2012). For annual survey on labor and employment law, see 65 Mercer L. Rev. 157 (2013). For annual survey on labor and employment law, see 66 Mercer L. Rev. 121 (2014). For annual survey on labor and employment law, see 67 Mercer L. Rev. 91 (2015). For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017). For annual survey on labor and employment law, see 69 Mercer L. Rev. 141 (2017). For note, "Publicly Funded Private Security: A Critical Examination of Georgia Law Pertaining to the Private Employment of Off-Duty Police Officers," see 51 Ga. L. Rev. 879 (2017). For comment criticizing Parry v. Davison-Paxon, 87 Ga. App. 51 , 73 S.E.2d 59 (1952), see 4 Mercer L. Rev. 368 (1953).

34-7-21. Liability of employer for coemployees' negligence.

With the exception of railroad companies, the employer shall not be liable to one employee for injuries arising from the negligence or misconduct of other employees about the same business.

(Code 1863, § 2180; Code 1868, § 2176; Code 1873, § 2202; Code 1882, § 2202; Civil Code 1895, § 2610; Civil Code 1910, § 3129; Code 1933, § 66-304.)

History of section. - This Code section is derived from the decisions in Seudder v. Woodbridge, 1 Ga. 195 (1846) and Henderson v. Walker, 55 Ga. 481 (1875).

Cross references. - Liability of principal for injuries to agent by other agents generally, § 10-6-39 .

Liability of employer for torts of employee engaged in independent business and not subject to immediate direction and control of employer, § 51-2-4 .

Law reviews. - For article, "Sexual Harassment Claims Under Georgia Law," see 6 Ga. St. B. J. 16 (2000).

34-7-22. Contracts exempting employer from liability are null and void.

All contracts between employer and employee made in consideration of employment, whereby the employer is exempted from liability to the employee arising from the negligence of the employer or his employees, as such liability is fixed by law, shall be null and void, as against public policy.

(Ga. L. 1895, p. 97, § 1; Civil Code 1895, § 2613; Civil Code 1910, § 3132; Code 1933, § 66-302.)

Cross references. - Contracts which contravene public policy generally, § 13-8-2 .

34-7-23. Assumption of risk by employees; requirements for recovery of damages.

An employee assumes the ordinary risks of his employment and is bound to exercise his own skill and diligence to protect himself. In actions for injuries arising from the negligence of the employer in failing to comply with the duties imposed by Code Section 34-7-20, in order that the employee may recover, it must appear that the employer knew or ought to have known of the incompetency of the other employee or of the defects or danger in the machinery supplied; and it must also appear that the employee injured did not know and had not equal means of knowing such fact and by the exercise of ordinary care could not have known thereof.

(Civil Code 1895, § 2612; Civil Code 1910, § 3131; Code 1933, § 66-303; Ga. L. 1998, p. 128, § 34.)

History of section. - This Code section is derived from the decisions in McDonald v. Eagle & Phenix Mfg. Co., 68 Ga. 839 (1882); Georgia R.R. & Banking Co. v. Nelms, 83 Ga. 70 , 9 S.E. 1049 (1889); Davis v. Augusta Factory, 92 Ga. 712 , 18 S.E. 974 (1893).

Law reviews. - For article discussing origin and construction of Georgia provisions concerning master-servant relationship, see 14 Ga. L. Rev. 239 (1980).

34-7-40. "Common carrier" defined.

As used in this article, the term "common carrier" shall include the receiver or receivers or other person or corporation charged with the duty of the management and operation of the business of a common carrier.

(Ga. L. 1909, p. 160, § 6; Civil Code 1910, § 2787; Code 1933, § 66-406.)

34-7-41. Liability of common carrier by railroad for personal injury or death of employee generally.

Every common carrier by railroad shall be liable in damages to any person suffering injury while he is employed by such carrier or, in case of death of such employee, to his or her personal representative, for the benefit of the surviving spouse or child or children of such employee; and if none, then of such employee's parents; and if none, then of the next of kin dependent upon such employee for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier or by reason of any defects or insufficiency, due to the carrier's negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment; provided, however, that there shall be no recovery under this Code section if the person killed or injured brought about his death or injury by his own carelessness amounting to a failure to exercise ordinary care or if he, by the exercise of ordinary care, could have avoided the consequences of the defendant's negligence. The measure of damages in case the injury results in death of the employee shall be that prescribed in Code Sections 51-4-1, 51-4-2, and 51-4-4; provided, however, that parties who may recover under this Code section, Code Sections 34-7-42 through 34-7-44, and Code Section 34-7-46 may sue and recover in their own names in the manner prescribed by Code Sections 51-4-2 and 51-4-4 in case no administrator or executor has been appointed at the time the action is filed. In case death shall result from injury to the employee, the employer shall be liable unless it, its agents, and its employees have exercised all ordinary and reasonable care and diligence, the presumption being in all cases against the employer. If death shall not result from the injury, the presumption of negligence shall be and remain as provided by law in case of injury received by an employee in the service of a railroad company.

(Ga. L. 1909, p. 160, § 1; Civil Code 1910, § 2782; Code 1933, § 66-401; Ga. L. 1986, p. 10, § 34.)

Cross references. - Liability of principal for injuries to agent by other agents generally, § 10-6-39 .

Liability of employer for torts of independent employee, § 51-2-4 .

Law reviews. - For article, "Actions for Wrongful Death in Georgia," see 9 Ga. B. J. 368 (1947). For article, "Actions for Wrongful Death in Georgia Part Three and Four," see 21 Ga. B. J. 339 (1959). For table covering actions for wrongful death in Georgia, see 10 Ga. B. J. 28 (1947).

34-7-42. Contributory negligence of employee.

In all actions brought against any common carrier by railroad under or by virtue of any of the provisions of this Code section, Code Section 34-7-41, 34-7-43, 34-7-44, or 34-7-46 to recover damages for personal injuries to an employee or for death of an employee where such injuries have resulted in death, the fact that the employee may have been guilty of contributory negligence, not amounting to a failure to exercise ordinary care, shall not bar a recovery; but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee; provided, however, that no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by the common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.

(Ga. L. 1909, p. 160, § 2; Civil Code 1910, § 2783; Code 1933, § 66-402.)

Cross references. - Effect of failure of plaintiff to avoid consequences of defendant's negligence generally, § 51-11-7 .

34-7-43. Assumption of risk where employer is contributorily negligent.

In any action brought against any common carrier by railroad, under and by virtue of any of the provisions of Code Sections 34-7-41 and 34-7-42, to recover damages for injuries to or the death of any of its employees, the employee shall not be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of the employees contributed to the injury or death of such employee.

(Ga. L. 1909, p. 160, § 3; Civil Code 1910, § 2784; Code 1933, § 66-403.)

34-7-44. Employer exemptions from liability void; allowable setoffs.

Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier by railroad to exempt itself from any liability created by Code Sections 34-7-41 through 34-7-43, shall, to that extent, be void; provided, however, that in any action brought against any such common carrier by railroad under or by virtue of any of such Code sections such common carrier may set off therein any sum it has contributed or paid to any insurance, relief, benefit, or indemnity that may have been paid to the injured employee or, in the event of death, to the person or persons entitled thereto on account of the injury or death for which said action is brought.

(Ga. L. 1909, p. 160, § 4; Civil Code 1910, § 2785; Code 1933, § 66-404.)

34-7-45. Liability of receivers, trustees, and assignees of railroad companies for coemployees' negligence; lien on railroad company income.

1. The liability of receivers, trustees, assignees, and other like officers operating railroads in, or partially in, this state for injuries and damages to employees or their property which are caused by the negligence of coemployees shall be the same as that fixed in Code Section 34-7-41.
2. A lien is created on the gross income of a railroad liable under Code Section 34-7-41 while in the control of any person or corporation described in subsection (a) of this Code section in favor of the injured employee superior to all other liens against the defendant under the laws of this state.

   (Ga. L. 1895, p. 103, § 1; Civil Code 1895, § 2324; Ga. L. 1896, p. 63, § 1; Civil Code 1910, § 2788; Code 1933, § 66-407.)

34-7-46. Limitation period for institution of action.

No action shall be maintained under Code Sections 34-7-41 through 34-7-44 unless commenced within two years from the day the cause of action accrued.

(Ga. L. 1909, p. 160, § 5; Civil Code 1910, § 2786; Code 1933, § 66-405.)

Cross references. - Time limitation on actions against railroad companies for recovery of damages generally, § 46-1-2 .

Law reviews. - For article, "Statutes of Limitation: Counterproductive Complexities," see 37 Mercer L. Rev. 1 (1985).

34-7-47. Liability of railroad company to its employees for negligence of employees of another railroad company using same track.

Where two or more chartered railroad companies whose lines terminate in the same city contract to use the same track within the corporate limits, the company owning the track shall not be responsible to its employees for injuries sustained solely by reason of the negligent use of the track by the employees of the other company.

(Civil Code 1895, § 1865; Civil Code 1910, § 2229; Code 1933, § 66-408.)

History of section. - This Code section is derived from the decision in Georgia R.R. & Banking Co. v. Friddell, 79 Ga. 489 , 7 S.E. 214 (1888).

34-7-48. Recovery by employee working beyond limited hours of service.

No employee of any railroad company shall be deprived of his right to recover damages for personal injury by reason of the fact that at the time of such injury he was making a run of more than 13 hours, or making a run aggregating more than 13 hours in 24 hours, or had gone on duty after a 13 hour run, or runs aggregating 13 hours, before ten hours' rest.

(Ga. L. 1890-91, p. 186, § 1; Civil Code 1895, § 2240; Civil Code 1910, § 2693; Code 1933, § 66-410; Ga. L. 2017, p. 774, § 34/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, deleted ", as prohibited by Code Section 46-8-152" following "rest" at the end of this Code section.

34-8-1. Short title.

This chapter shall be known and may be cited as the "Employment Security Law."

(Code 1981, § 34-8-1 , enacted by Ga. L. 1991, p. 139, § 1.)

Editor's notes. - Ga. L. 1941, p. 229, §§ 1 through 3 ratified, approved, and confirmed an executive order and proclamation issued by the Governor on April 5, 1940, suspending the collection of unemployment compensation taxes upon certain items and from certain employers exempted by amendments to the Social Security Act approved in August, 1939.

Law reviews. - For survey article on local government law, see 34 Mercer L. Rev. 225 (1982). For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005).

34-8-2. Declaration of public policy.

As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which so often falls with crushing force upon the unemployed worker or the worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The General Assembly therefore declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.

(Code 1981, § 34-8-2 , enacted by Ga. L. 1991, p. 139, § 1.)

Law reviews. - For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For comment on Meakins v. Huiet, 100 Ga. App. 557 , 112 S.E.2d 167 (1959), see 11 Mercer L. Rev. 395 (1960).

34-8-3. Right of General Assembly to amend or repeal chapter; effect.

The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested private rights of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter, or by actions taken pursuant thereto, shall exist subject to the power of the General Assembly to amend or repeal this chapter at any time.

(Code 1981, § 34-8-3 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-4. Representation by Attorney General.

In any civil action to enforce this chapter, the Commissioner, the board of review, and the state shall be represented by the Attorney General of this state.

(Code 1981, § 34-8-4 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

34-8-20. Annual payroll; average annual payroll.

1. As used in this chapter, the term "annual payroll" means the total amount of wages for employment paid by an employer during the 12 month period immediately preceding and ending on the computation date.
2. As used in this chapter, the term "average annual payroll" means the average of the annual payrolls of an employer for the last three 12 month periods immediately preceding the computation date, except that for an employer whose account could have been charged with benefit payments throughout at least 12 but less than 36 consecutive calendar months immediately preceding and ending on the computation date, the term "average annual payroll" means the total amount of wages for employment paid by such employer during the 12 month period immediately preceding and ending on the computation date. (Code 1981, § 34-8-20 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-21. Base period; alternative base period.

1. Except as provided in subsection (b) of this Code section, as used in this chapter, the term "base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state.
2. If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding the first day of the individual's benefit year. Such base period shall be known as the "alternative base period." Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. (Code 1981, § 34-8-21 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2002, p. 1119, § 2; Ga. L. 2004, p. 1074, § 1; Ga. L. 2009, p. 139, § 8/HB 581.)

Editor's notes. - Ga. L. 2002, p. 1119, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Employment Security and Enhancement Act of 2002.'"

Ga. L. 2009, p. 139, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Works Job Creation and Protection Act of 2009.'"

Law reviews. - For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003). For annual survey of labor and employment law, see 56 Mercer L. Rev. 291 (2004). For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 258 (2002).

34-8-22. Benefits.

As used in this chapter, the term "benefits" means the compensation payable to an individual, as provided in this chapter, with respect to the individual's unemployment.

(Code 1981, § 34-8-22 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-23. Benefit year.

As used in this chapter, the term "benefit year" with respect to any individual means the one-year period beginning with the day on which a valid claim is filed. In the case of a combined wage claim pursuant to Code Section 34-8-80, the benefit year shall be that of the paying state. Benefits may only be paid during the applicable benefit year, unless there is an extended benefits period in effect as provided in Code Section 34-8-197.

(Code 1981, § 34-8-23 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-24. Bona fide in the labor market.

As used in this chapter, the term "bona fide in the labor market" means that any person claiming benefits under this chapter must be available for full-time employment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions, provided that no individual who is otherwise eligible shall be deemed ineligible for benefits solely because the individual seeks, applies for, or accepts only part-time work, instead of full-time work, provided the individual claiming benefits worked part-time during a majority of the weeks of work in the base period and the individual is available for part-time work for at least 20 hours per week.

(Code 1981, § 34-8-24 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2009, p. 139, § 5/HB 581.)

Editor's notes. - Ga. L. 2009, p. 139, § 1/HB 581, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Works Job Creation and Protection Act of 2009.'"

34-8-25. Calendar quarter.

As used in this chapter, the term "calendar quarter" means the period of three consecutive calendar months ending on the dates of March 31, June 30, September 30, or December 31 of each year or such other dates as the Commissioner may by regulation prescribe.

(Code 1981, § 34-8-25 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-26. Commissioner.

As used in this chapter, the term "Commissioner" means the Commissioner of Labor.

(Code 1981, § 34-8-26 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-27. Common paymaster.

As used in this chapter, the term "common paymaster" means one of two or more related corporations which concurrently employ the same individual and which is designated to remunerate such individual for services performed for all such related corporations. Upon approval by the Commissioner, the common paymaster shall be considered the employer of such individual and shall be responsible for contributions due on wages paid. Each of the related corporations shall be considered to have paid as remuneration to such individual only the amounts actually disbursed by it to such individual and shall not be considered to have paid as remuneration to such individual amounts actually disbursed to such individual by the common paymaster.

(Code 1981, § 34-8-27 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-28. Computation date.

As used in this chapter, the term "computation date" means June 30 of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have been chargeable with benefits throughout the 36 consecutive calendar month period immediately preceding and ending on the computation date.

(Code 1981, § 34-8-28 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-29. Contributions; payments in lieu of contributions.

1. As used in this chapter, the term "contributions" means the money payments to the Unemployment Compensation Fund required by Code Sections 34-8-150 through 34-8-156.
2. As used in this chapter, the term "payments in lieu of contributions" means the money payments to reimburse the Unemployment Compensation Fund for benefit payments charged to employers as required pursuant to Code Sections 34-8-158 through 34-8-161 . (Code 1981, § 34-8-29 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-30. Deductible earnings.

As used in this chapter, the term "deductible earnings" means all money in excess of $30.00 each week earned by a claimant for services performed, whether or not received by such claimant. For claims filed on or after July 1, 2002, the term "deductible earnings" means all money in excess of $50.00 each week earned by a claimant for services performed, whether or not received by such claimant. Deductible earnings shall be subtracted from the weekly benefit amount of the claim.

(Code 1981, § 34-8-30 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2002, p. 1119, § 3.)

Editor's notes. - Ga. L. 2002, p. 1119, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Employment Security and Enhancement Act of 2002.'"

Law reviews. - For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003). For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 258 (2002).

34-8-31. Department.

As used in this chapter, the term "department" means the Georgia Department of Labor.

(Code 1981, § 34-8-31 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-32. Employee leasing company.

1. As used in this chapter, the term "employee leasing company" means an independently established business entity which engages in the business of providing leased employees to any other employing unit under the following conditions:
   1. Negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality, and price of service;
   2. Determines assignments of individuals to its clients or customers, even if the individuals retain the right to refuse specific assignments;
   3. Sets the rate of pay of the individuals, whether or not through negotiation;
   4. Pays the individuals from its accounts; and
   5. Hires and terminates individuals who perform services for the clients or customers.
2. Individuals performing services for an employee leasing company shall be considered employees of the employee leasing company.  The employee leasing company shall file required reports in accordance with regulations prescribed by the Commissioner and pay contributions on wages paid to such employees.
3. Individuals who perform services for temporary help contracting firms as that term is defined in Code Section 34-8-46 shall not be considered employees of an employee leasing company. (Code 1981, § 34-8-32 , enacted by Ga. L. 1991, p. 139, § 1.)

Administrative Rules and Regulations. - Employee leasing companies, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Labor, Employment Security Law, Requirements for Employees and Employers, § 300-2-7.07.

34-8-33. Employer.

1. As used in this chapter, the term "employer" means:
   1. Any employing unit which, in either the current or preceding calendar year:
      1. Paid in any calendar quarter wages of $1,500.00 or more for service in employment; or
      2. Had in employment at least one individual, irrespective of whether the same individual was in employment on each such day, for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive;
   2. Any employing unit which, within either the current or preceding calendar year, paid for domestic service, as defined in subsection (l) of Code Section 34-8-35, cash remuneration of $1,000.00 or more during any calendar quarter;
   3. Any employing unit which within either the current or preceding calendar year:
      1. Paid, during any calendar quarter, remuneration in cash of $20,000.00 or more to individuals employed in agricultural labor; or
      2. Had ten or more individuals employed in agricultural labor, regardless of whether they were employed at the same moment of time, for some portion of a day in each of 20 different calendar weeks in a calendar year.

         For the purposes of subparagraphs (A) and (B) of this paragraph, service in agricultural labor performed before January 1, 1993, by an alien admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the federal Immigration and Nationality Act shall not be taken into account;

   4. Any religious, charitable, educational, or other organization if the following conditions are met:
      1. The organization's employment is excluded from the Federal Unemployment Tax Act by reason of Section 3306(c)(8) of that act; and
      2. The organization had, within either the current or preceding calendar year, four or more individuals in employment for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive and regardless of whether they were employed at the same time;
   5. Any governmental entity for which service in employment as defined in subsection (h) of Code Section 34-8-35 is performed;
   6. Any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of such calendar year.  Any employer subject to this chapter shall remain an employer unless liability has been terminated in accordance with Code Section 34-8-163;
   7. Any employing unit which has elected to become an employer subject to this chapter pursuant to the following:
      1. An employing unit not otherwise subject to this chapter which files with the Commissioner its written election to become an employer subject to this chapter for not less than two calendar years shall, with the written approval of the Commissioner, become an employer subject to the same extent as all other employers as of the date stated in such approval. The employer shall cease to be subject as of January 1 of any calendar year subsequent to such two calendar years only if prior to April 30 in any calendar year it has filed with the Commissioner a written notice to that effect.  However, any employing unit which has elected coverage under this Code section and subsequently becomes liable by operation of law may terminate coverage only as provided in Code Section 34-8-163; or
      2. Any employing unit for which services are performed that do not constitute employment as defined in this chapter may file with the Commissioner a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all purposes of this chapter. The election must be for not less than two calendar years. Upon the written approval of the Commissioner, such services shall be deemed to constitute employment subject to this chapter after the date stated in such approval.  Such services shall cease to be deemed employment as of January 1 of any calendar year subsequent to such two calendar years only if prior to April 30 in any calendar year such employing unit has filed with the Commissioner a written notice to that effect;
   8. Any employing unit which acquired the organization, trade or business, or substantially all of the assets of another which at the time of such acquisition was an employer subject to this chapter;
   9. Any employing unit which acquired the organization, trade or business, or substantially all of the assets of another employing unit, if the employment record of such employing unit subsequent to such acquisition together with the employment record of the acquired unit prior to such acquisition, both within the same calendar year, would be sufficient to meet any other definition of employer within this chapter; or
   10. Any employing unit which is not an employer by reason of any other paragraph of this Code section:
       1. For which services are performed within the state with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions paid into a state unemployment compensation fund; or
       2. Which, as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required to be covered under this chapter.
2. Nothing in this chapter shall be construed to require identical coverage to that provided by the Federal Unemployment Tax Act, as amended, nor shall interpretations as to liability or nonliability by federal administrative agencies be binding on the department. (Code 1981, § 34-8-33 , enacted by Ga. L. 1991, p. 139, § 1.)

U.S. Code. - The Federal Unemployment Tax Act, referred to in subparagraph (a)(10)(B) and subsection (b), is codified as 26 U.S.C. §§ 3301-3311. Section 3306(c)(8) of the Act, referred to in subparagraph (a)(4)(A), is codified as 26 U.S.C. § 3306(c)(8).

Sections 214(c) and 101(a)(15)(H) of the federal Immigration and Nationality Act, referred to in paragraph (a)(3), are codified as 8 U.S.C. §§ 1184(c) and 1101(a)(15)(H), respectively.

34-8-34. Employing unit.

As used in this chapter, the term "employing unit" means any individual, the legal representative of a deceased individual, or any type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, employee leasing company, common paymaster, or the receiver, trustee in bankruptcy, trustee, or successor thereof which has or had in its employ one or more individuals performing services for it within this state. Each individual performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this chapter. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this chapter, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of such work.

(Code 1981, § 34-8-34 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-35. Employment.

1. As used in this chapter, the term "employment" means any service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.
2. The term "employment" shall include an individual's entire service performed within and outside this state, if:
   1. The service is localized in this state.  Service shall be deemed to be localized within a state if:
      1. The service is performed entirely within such state; or
      2. The service is performed both within and outside the state, but the service performed outside the state is incidental to the individual's service within the state.  "Incidental service" shall include service that is temporary or transitory in nature or consists of isolated transactions;
   2. The service is not localized in any state but some of the service is performed in this state and:
      1. The base of operations or, if there is no base of operations, the place from which such service is directed or controlled is in this state; or
      2. The base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state;
   3. The service is performed within the United States or Canada, if such service is not covered under the unemployment compensation law of any other state or Canada and the place from which the service is directed and controlled is in this state; or
   4. The service is performed outside the United States, except Canada, by an individual who is a citizen of the United States in the employ of an American employer, other than service which is deemed "employment" under subsections (d) and (e) of this Code section or the parallel provisions of another state's law, if:
      1. The employer's principal place of business is located in this state;
      2. The employer has no place of business in the United States, but:
         1. The employer is an individual who is a resident of this state;
         2. The employer is a corporation which is organized under the laws of this state; or
         3. The employer is a partnership or a trust and the number of partners or trustees who are residents of this state is greater than the number who are residents of any other state; or
      3. None of the criteria of subparagraphs (A) and (B) of this paragraph is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits based on such service pursuant to this chapter.
3. For the purposes of paragraph (4) of subsection (b) of this Code section:
   1. The term "American employer" means:
      1. An individual who is a resident of the United States;
      2. A partnership, if two-thirds or more of the partners are residents of the United States;
      3. A trust, if all the trustees are residents of the United States; or
      4. A corporation organized under the laws of the United States or of any state.
   2. The term "United States" includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
4. Services performed within this state but not covered under subsection (b) of this Code section shall be deemed to be employment subject to this chapter if contributions are not required and paid with respect to such services under an unemployment compensation law of any other state or of the federal government.
5. Services not covered under subsection (b) of this Code section and performed entirely outside this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this chapter if the individual performing such services is a resident of this state and the Commissioner approves the election of the employing unit for whom such services are performed that the entire service of such individual be deemed to be employment subject to this chapter.
6. Services performed by an individual for wages shall be deemed to be employment subject to this chapter unless and until it is shown that:
   1. 1. Such individual has been and will continue to be free from control or direction over the performance of such services, both under the individual's contract of service and in fact; and
      2. Such individual is customarily engaged in an independently established trade, occupation, profession, or business; or
   2. Such individual and the services performed for wages are the subject of an SS-8 determination by the Internal Revenue Service, which decided against employee status.
7. 1. The term "employment" shall include all services performed, including service in interstate commerce, by:
      1. Any officer of a corporation; or
      2. Any individual, other than an individual who is an employee under subparagraph (A) of this paragraph, who performs services for remuneration for any person:
         1. As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages other than milk, or laundry or dry-cleaning services for his or her principal; or
         2. As a traveling or city salesman, other than an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of and the transmission to his principal, except for sideline sales activities on behalf of some other person, of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations.
   2. For purposes of subparagraph (B) of paragraph (1) of this subsection, the term "employment" shall include services described in divisions (1)(B)(i) and (1)(B)(ii) of this subsection performed only if:
      1. The contract of service contemplates that substantially all of the services are to be performed personally by such individual;
      2. The individual does not have a substantial investment in facilities used in connection with the performance of the services other than in facilities for transportation; and
      3. The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed.
8. The term "employment" shall include service performed in the employ of this state or any of its instrumentalities or any political subdivision of this state or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions, provided that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act by Section 3306(c)(7) of that act and is not excluded from "employment" under paragraph (3) of subsection (j) of this Code section. Each of the governmental entities described above shall be individually liable for the payment of contributions or reimbursement for payment of benefits as provided in Code Sections 34-8-158 through 34-8-161; and each shall be individually responsible for the filing of quarterly wage summary reports as promulgated in regulations by the Commissioner and provided in Code Section 34-8-165.  For the purposes of the unemployment compensation coverage provided for by this chapter, employees of county and district health agencies established under Chapter 3 of Title 31 and employees of the community service boards established under Chapter 2 of Title 37 are deemed to be employees of this state.
9. The term "employment" shall include service performed by an individual in the employ of a religious, charitable, educational, or other organization, but only if such organization meets the definition of employer in Code Section 34-8-33.
10. For the purposes of subsections (h) and (i) of this Code section, the term "employment" does not apply to service performed:
    1. In the employ of:
       1. A church or convention or association of churches; or
       2. An organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches;
    2. By a duly ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order in the exercise of duties required by such order;
    3. In the employ of a governmental entity referred to in subsection (h) of this Code section if such service is performed by an individual in the exercise of duties:
       1. As an elected official;
       2. As a member of a legislative body or a member of the judiciary of a state or political subdivision;
       3. As a member of the state National Guard or Air National Guard; or
       4. In a position which, under or pursuant to the laws of this state, is designated as (i) a major nontenured policy-making or advisory position, or (ii) a policy-making or advisory position, the performance of the duties of which ordinarily does not require more than eight hours per week;
    4. By an individual receiving rehabilitation or remunerative work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market;
    5. By an individual receiving work relief or work training as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof. This exclusion shall not apply to programs that provide for and require unemployment insurance coverage for the participants; or
    6. By an inmate of a custodial or penal institution.
11. The term "employment" shall include service performed on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States.
12. The term "employment" shall include domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, but only if the employing unit meets the definition of employer in Code Section 34-8-33.
13. 1. The term "employment" shall include service performed by an individual in agricultural labor, as defined in paragraph (2) of this subsection, but only if the employing unit meets the definition of employer in Code Section 34-8-33.
    2. As used in this subsection, the term "agricultural labor" means service on a farm:
       1. In the employ of any employing unit in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, fur-bearing animals, and wildlife;
       2. In the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, if the major part of such service is performed on a farm;
       3. In connection with the production or harvesting of any commodity defined as an agricultural commodity in Section 15(g) of the federal Agricultural Marketing Act of 1946, as amended, or in connection with the ginning of cotton or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways not owned or operated for profit and used exclusively for supplying and storing water for farming purposes; or
       4. In handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market any agricultural or horticultural commodity, but only if such service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market.  This paragraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption. This paragraph shall also apply to services performed in the employ of a group of operators of farms, or a cooperative organization of which such operators are members, in the performance of service prescribed in this paragraph, but only if such operators produced more than one-half of the commodity with respect to which such service is performed.
    3. As used in this subsection, the term "farm" includes:
       1. Those farms used for production of stock, dairy products, poultry, fruit, and fur-bearing animals; and
       2. Truck farms, plantations, ranches, nurseries, ranges, greenhouses, orchards, or other similar structures or tracts used primarily for the raising of agricultural or horticultural commodities.
    4. For the purposes of this subsection, any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of such crew leader:
       1. If such crew leader holds a valid certificate of registration under the federal Farm Labor Contractor Registration Act of 1963 or if substantially all the members of such crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment, or any other mechanized equipment which is provided by such crew leader; and
       2. If such individual is not an employee of such other person within the meaning of paragraph (1) of this subsection.
    5. For the purposes of paragraph (4) of this subsection, in the case of any worker who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of such crew leader under this paragraph:
       1. Such other person and not the crew leader shall be treated as the employer of the worker; and
       2. Such other person shall be treated as having paid cash remuneration to the worker in an amount equal to the amount of cash remuneration paid to the worker by the crew leader, either on the worker's own behalf or on behalf of such other person, for the service in agricultural labor performed for such other person.
    6. For purposes of paragraphs (4) and (5) of this subsection, the term "crew leader" means an individual who:
       1. Furnishes workers to perform service in agricultural labor for any other person;
       2. Pays, either on such individual's own behalf or on behalf of another person, the workers so furnished for the service in agricultural labor performed by them; and
       3. Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person.
14. The term "employment" shall not include:
    1. Service not in the course of the employer's trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for such service is $50.00 or more and such service is performed by an individual who is regularly employed by such employer to perform such service. For the purposes of this paragraph, an individual shall be deemed to be regularly employed by an employer during a calendar quarter only if:
       1. On each of some 24 days during such quarter such individual performs for such employer for some portion of the day service not in the course of the employer's trade or business; or
       2. Such individual was regularly employed, as determined under subparagraph (A) of this paragraph, by such employer in the performance of such service during the preceding calendar quarter;
    2. Service performed in the employ of a hospital, if such service is performed by a patient of a hospital;
    3. Service performed by an individual in the employ of the individual's son, daughter, or spouse and service performed by a child under the age of 21 years in the employ of his or her father or mother;
    4. Service performed in the employ of the United States government or of an instrumentality wholly owned by the United States; except that, if the Congress of the United States shall permit states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation law or act, then, to the extent permitted by Congress and from and after the date as of which such permission becomes effective, all of the provisions of this chapter shall be applicable to such instrumentalities and to services performed by employees for such instrumentalities in the same manner, to the same extent, and on the same terms as to all other employers and employing units;
    5. Service performed in the employ of an employer, as defined by the federal Railroad Unemployment Insurance Act, or as an "employee representative," as defined by the federal Railroad Unemployment Insurance Act, and service with respect to which unemployment compensation is payable under an unemployment compensation system for maritime employees or under any other unemployment compensation system established by an act of Congress; provided, however, that the Commissioner is authorized and directed to enter into agreements with the proper agencies under such act or acts of Congress, which agreements shall become effective ten days after publication thereof in the manner provided in Code Section 34-8-71 for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this chapter, acquired rights to unemployment compensation under such act or acts of Congress or who have, after acquiring potential rights to unemployment compensation under such act or acts of Congress, acquired rights to benefits under this chapter;
    6. Service performed in any calendar quarter in the employ of any organization exempt from income tax under 26 U.S.C. Section 501:
       1. The remuneration for which does not exceed $50.00; or
       2. In the employ of a school, college, or university, if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university or by the spouse of such a student, if such spouse is advised, at the time such spouse commences to perform such service, that (i) the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university and (ii) such employment will not be covered by any program of unemployment insurance;
    7. Services performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law; and service performed in the employ of a hospital in a clinical training program for a period of one year by an individual immediately following the completion of a four-year course in a medical school chartered or approved pursuant to state law;
    8. Service performed by an individual under the age of 18 years in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;
    9. Service performed by an individual for an employer as an insurance agent or as an insurance solicitor or as a licensed real estate salesperson, if all such service performed by such individual for such employer is performed for remuneration solely by way of commission;
    10. Services performed for an employer who is a common carrier of persons or property by an individual, firm, or corporation, as commission agent, in disseminating information with respect to and selling transportation of persons or property, and in maintaining facilities incidental thereto, including waiting areas, dining rooms, and rest rooms for passengers and storage space for property; provided, however, that:
        1. All such services are performed by such individual, firm, or corporation as an independent contractor for such employer and are remunerated solely by way of commissions on the sale price of such transportation;
        2. The employer exercises no general control over such commission agent but only such control as is necessary to assure compliance with its filed tariffs and with the laws of the United States and the State of Georgia and the rules and regulations of the Department of Public Safety, the Federal Motor Carrier Safety Administration, and all other regulatory bodies having jurisdiction of the premises; and
        3. Such services are not rendered in an establishment devoted primarily to use as a waiting room for the passengers or as a storage room for the property carried or to be carried by such common carrier;
    11. Service performed by an individual who is enrolled as a student at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, in a full-time program taken for credit at such institution, which program combines academic instruction with work experience, if such service is an integral part of such program and such institution has so certified to the employer, except that this paragraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers;
    12. Service performed by an individual in or as an officer or member of the crew of a vessel while it is engaged in the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweed, or other aquatic forms of animal and vegetable life, including service performed by any such individual as an ordinary incident to any such activity, except:
        1. Service performed in connection with the catching or taking of salmon or halibut for commercial purposes; and
        2. Service performed on or in connection with a vessel of more than ten net tons, which tonnage shall be determined in the manner provided for determining the registered tonnage of merchant vessels under the laws of the United States;
    13. Service, other than service performed by a child under the age of 18 years in the employ of his or her father or mother, performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of such boat pursuant to which:
        1. Such individual does not receive any cash remuneration other than as provided in subparagraph (B) of this paragraph;
        2. Such individual receives a share of the boat's catch or, in the case of a fishing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of such catch; and
        3. The amount of such individual's share depends on the amount of the boat's catch or, in the case of a fishing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life, but only if the operating crew of such boat or, in the case of a fishing operation involving more than one boat, the operating crew of each boat from which the individual receives a share is normally made up of fewer than ten individuals;
    14. Service performed in the employ of a foreign government;
    15. If the services performed during one-half or more of any pay period by an employee for the employing unit employing him or her constitute employment, all the services of such employee for such period shall be deemed to be employment; but, if the services performed during more than one-half of any such pay period by an employee for the employing unit employing him or her do not constitute employment, then none of the services of such employee for such period shall be deemed to be employment.  As used in this Code section, the term "pay period" means a period of not more than 31 consecutive days for which payment of remuneration is ordinarily made to the employee by the employing unit employing him or her.  This Code section shall not be applicable with respect to services performed in a pay period by an employee for the employing unit employing him or her where any of such service is excepted by paragraph (5) of this subsection;
    16. Services performed by an independent contract carrier for an employer who is a publisher or distributor of printed materials by an individual, firm, or corporation in transporting, assembling, delivering, or distributing printed materials and in maintaining any facilities or equipment incidental thereto, provided that:
        1. The independent contract carrier has with the employer a written contract as an independent contractor;
        2. Remuneration for the independent contract carrier is on the basis of the number of deliveries accomplished;
        3. With exception to providing the area or route which an independent contract carrier may or may not service, or providing materials or direction for the packaging or assembly of printed materials, the employer exercises no general control regarding the method of transporting, assembling, delivering, or distributing the printed materials; and
        4. The contract entered by the independent contract carrier for such services does not prohibit it from the transportation, delivery, assembly, or distribution of printed materials for more than one employer. Provided, however, that the exclusion provided in this paragraph shall not apply to any such employment on behalf of an employing unit defined in subsection (h) or (i) of this Code section;
    17. Services performed for a common carrier of property, persons, or property and persons by an individual consisting of the pickup, transportation, and delivery of property, persons, or property and persons; provided that:
        1. The individual is free to accept or reject assignments from the common carrier;
        2. Remuneration for the individual is on the basis of commissions, trips, or deliveries accomplished;
        3. Such individual personally provides the vehicle used in the pickup, transportation, and delivery of the property, persons, or property and persons;
        4. Such individual has a written contract with the common carrier;
        5. The written contract states expressly and prominently that the individual knows:
           1. Of the responsibility to pay estimated social security taxes and state and federal income taxes;
           2. That the social security tax the individual must pay is higher than the social security tax the individual would pay if he or she were an employee; and
           3. That the work is not covered by the unemployment compensation laws of Georgia; and
        6. The written contract does not prohibit such individual from the pickup, transportation, or delivery of property, persons, or property and persons for more than one common carrier or any other person or entity; or
    18. Services performed by a direct seller, provided that:
        1. Such individual:
           1. Is engaged in the trade or business of selling or soliciting the sale of consumer products, including services or other intangibles, to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis for resale by the buyer or any other person in the home or otherwise than in a permanent retail establishment; or
           2. Is engaged in the trade or business of selling or soliciting the sale of consumer products, including services or other intangibles, in the home or otherwise than in a permanent retail establishment;
        2. Substantially all the remuneration, whether or not paid in cash, for the performance of the services described in subparagraph (A) of this paragraph is directly related to sales or other output, including the performance of services, rather than to the number of hours worked; and
        3. The services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee for federal and state tax purposes. (Code 1981, § 34-8-35 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1993, p. 323, § 1; Ga. L. 1994, p. 97, § 34; Ga. L. 1994, p. 640, § 1; Ga. L. 1994, p. 1717, § 1; Ga. L. 2005, p. 1200, § 1/HB 520; Ga. L. 2006, p. 822, § 1/SB 486; Ga. L. 2007, p. 394, § 1/HB 443; Ga. L. 2012, p. 580, § 6/HB 865.)

Code Commission notes. - Pursuant to § 28-9-5 , in 1991, "this subsection" was substituted for "subsection (n) of this Code section" at the end of paragraph (n)(15).

U.S. Code. - Section 3306(c)(7) of the Federal Unemployment Tax Act, referred to in subsection (h), is codified at 26 U.S.C. § 3306(c)(7). Section 15(g) of the federal Agricultural Marketing Act of 1946, referred to in subparagraph (m)(2)(C), is codified at 12 U.S.C. § 1141j(g). The federal Farm Labor Contractor Registration Act of 1963, referred to in subparagraph (m)(4)(A), was codified at 7 U.S.C. §§ 2041-2055, before it was repealed in 1983. The federal Railroad Unemployment Insurance Act, referred to in paragraph (n)(5), is codified at 45 U.S.C. §§ 351-369.

Law reviews. - For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 152 (1993). For annual survey of labor and employment law, see 58 Mercer L. Rev. 211 (2006). For survey article on labor and employment law, see 59 Mercer L. Rev. 233 (2007). For article, "The Uber Million Dollar Question: Are Uber Drivers Employees or Independent Contractors?," see 68 Mercer L. Rev. 461 (2017).

34-8-36. Employment office.

As used in this chapter, the term "employment office" means a free public employment office or branch thereof operated by this state or maintained as a part of a state controlled system of public employment offices.

(Code 1981, § 34-8-36 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-37. Employment Security Administration Fund.

As used in this chapter, the term "Employment Security Administration Fund" means the Employment Security Administration Fund which is established by this chapter and from which administrative expenses under this chapter shall be paid.

(Code 1981, § 34-8-37 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-38. Experience rating account.

As used in this chapter, the term "experience rating account" means the individual experience of a covered employer, as determined by factors set forth in Code Sections 34-8-150 through 34-8-157.

(Code 1981, § 34-8-38 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-39. Extended benefits.

As used in this chapter, the term "extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C. Chapter 85, payable to an individual under Code Section 34-8-197 for the weeks of unemployment in the eligibility period of the individual.

(Code 1981, § 34-8-39 , enacted by Ga. L. 1991, p. 139, § 1.)

U.S. Code. - Chapter 85 of 5 U.S.C., referred to in this Code section, consists of 5 U.S.C. §§ 8501-8525.

34-8-40. Fund.

As used in this chapter, the term "fund" means the Unemployment Compensation Fund which is established by Code Section 34-8-83 and from which all benefits provided under this chapter shall be paid.

(Code 1981, § 34-8-40 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-41. Insured work.

As used in this chapter, the term "insured work" means employment for a liable employer.

(Code 1981, § 34-8-41 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-42. Liable employer.

As used in this chapter, the term "liable employer" means an employer who is responsible for the payment of unemployment contributions or payments in lieu of contributions or a governmental entity.

(Code 1981, § 34-8-42 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-43. Most recent employer.

1. As used in this chapter and except as otherwise provided in subsection (b) of this Code section, the term "most recent employer" means, for claims with benefit years that begin on or after July 1, 2015, the last employer for whom an individual worked.
2. As used in this chapter and except as otherwise provided in subsection (a) of this Code section, the term "most recent employer" means, for claims with benefit years that begin on or before June 30, 2015, the last liable employer for whom an individual worked and:
   1. The individual was separated from work for a disqualifying reason;
   2. The individual was released or separated from work under nondisqualifying conditions and earned wages of at least ten times the weekly benefit amount of the claim; or
   3. The employer files the claim for the individual by submitting such reports as authorized by the Commissioner.
3. Where no employer in subsection (b) of this Code section meets the definition of most recent employer from the beginning of the base period to the date the claim is filed, the last liable employer for whom the individual worked shall be considered as the most recent employer for determining eligibility for benefits.
4. Where periods of employment with the same liable employer fail, independently, to meet the definition of most recent employer in subsection (a) or (b) of this Code section, such periods of employment may be used cumulatively to determine the most recent employer and eligibility for benefits shall be determined by the reason for separation from the last employment with such employer. (Code 1981, § 34-8-43 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2015, p. 830, § 1/HB 117.)

The 2015 amendment, effective May 6, 2015, added subsection (a); redesignated former subsection (a) as present subsection (b); inserted ", for claims with benefit years that begin on or before June 30, 2015," in the middle of present subsection (b); deleted former subsection (b), which read: "(b) As used in this chapter, the term 'most recent employer' means, for claims with benefit years that begin on or before December 31, 1991, the last liable employer for whom an individual worked and:

"(1) From whom the individual was separated from work for a disqualifying reason; or

"(2) From whom the individual was released or separated from work under nondisqualifying conditions and earned wages equal to the lesser of $500.00 or eight times the weekly benefit amount of the claim."; and deleted "(a) or" following "subsection" near the beginning of subsection (c).

34-8-44. State.

As used in this chapter, the term "state" includes the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

(Code 1981, § 34-8-44 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-45. Supplemental unemployment benefits.

As used in this chapter, the term "supplemental unemployment benefits" means only:

1. Benefits which are paid to an employee because of such employee's involuntary separation from the employment of the employer, whether or not such separation is temporary, which separation results directly from a reduction in force, the discontinuance of a plant or operation, or other similar conditions; and
2. Sickness and accident benefits subordinate to the benefits described in paragraph (1) of this Code section. (Code 1981, § 34-8-45 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-46. Temporary help contracting firm.

As used in this chapter, the term "temporary help contracting firm" means any person who is in the business of employing individuals and, for compensation from a third party, providing those individuals to perform work for the third party under the general or direct supervision of the third party. Employment with a temporary help contracting firm is characterized by a series of limited-term assignments of an employee to a third party, based on a contract between the temporary help contracting firm and the third party. A separate employment contract exists between the temporary help contracting firm and each individual it hires as an employee. Completion of an assignment for a third party by an employee employed by a temporary help contracting firm does not, in itself, terminate the employment contract between the temporary help contracting firm and the employee.

(Code 1981, § 34-8-46 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-47. Unemployed; unemployment.

For purposes of this chapter, an individual shall be deemed "unemployed" in any week during which the individual performs no services and with respect to which no wages are payable to him or her or in any week of less than full-time work if his or her deductible earnings do not equal or exceed his or her weekly benefit amount. The Commissioner shall prescribe regulations applicable to unemployed individuals and shall make such distinctions in the procedures as to total unemployment, partial unemployment of individuals attached to their regular jobs, temporary employment, and other forms of short-time work as is deemed necessary. An individual compensated solely on a commission basis shall be deemed to be unemployed only upon the termination of his or her contract of employment.

(Code 1981, § 34-8-47 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-48. Valid claim.

As used in this chapter, the term "valid claim" means a claim filed for unemployment compensation benefits in which sufficient base period wages establish a monetary entitlement as provided in Code Section 34-8-193.

(Code 1981, § 34-8-48 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-49. Wages.

1. 1. As used in this chapter, the term "wages" means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash shall be estimated and determined in accordance with the rules or regulations prescribed by the Commissioner.
   2. The term "wages" also means, for the purpose of determining benefit rights of a claimant, wages payable but unpaid where the employer has been adjudicated bankrupt.
2. The term "wages" shall not include:
   1. For the purposes of Code Section 34-8-20 and Articles 5 and 6 of this chapter, except Code Sections 34-8-156 and 34-8-157, any remuneration paid in excess of taxable wages. For purposes of this chapter, "taxable wages" means that portion of remuneration paid by an employer to each employee, subject to unemployment insurance contributions for each calendar year which does not exceed the following amounts:
      1. For the period January 1, 1976, through December 31, 1982 - $6,000.00;
      2. For the period January 1, 1983, through December 31, 1985 - $7,000.00;
      3. For the period January 1, 1986, through December 31, 1989 - $7,500.00;
      4. For the period January 1, 1990, through December 31, 2012 - $8,500.00; and
      5. January 1, 2013, and thereafter - $9,500.00;

         provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered for purposes of this provision as having been paid by the successor employer;

   2. The amount of any payment to or on behalf of an employee under a plan or system established by an employer which makes provision for its employees generally or for a class or classes of its employees, including any amount paid by an employer for insurance or annuities or into a fund to provide for any such payment, on account of:
      1. The termination of an employee's employment relationship because of (i) death, or (ii) retirement for disability, other than any such payment or series of payments which would have been paid to the employee or his or her dependents if the employee's employment relationship had not been so terminated;
      2. The supplementation of unemployment benefits to an individual under the terms of a written agreement, contract, trust arrangement, or other instrument.  Such payments shall not be construed to be wages or compensation for personal services under this chapter and benefit payments under this chapter shall not be denied or reduced because of the receipt of payments under such arrangements or plans;
      3. Sickness or accident disability, but, in the case of payments made to an employee or any of his or her dependents, this subparagraph shall exclude from the term "wages" only payments which are received under a workers' compensation law;
      4. Medical and hospitalization expenses in connection with sickness or accident disability;
      5. Death; or
      6. Temporary layoff, but, in the case of payments made to an employee who is temporarily laid off or to any of his or her dependents, this subparagraph shall exclude from the term "wages" only payments made out of a 100 percent vested account in the name of such employee under a pension or profit-sharing plan or trust that is qualified under Section 501(a) of the federal Internal Revenue Code of 1986;
   3. Payment by an employer without deduction from the remuneration of an employee of the tax imposed by Section 3101 of the federal Internal Revenue Code of 1986, with respect to remuneration paid to an employee for domestic service in a private home of the employer or for agricultural labor;
   4. Any remuneration paid for services by an alien, unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or otherwise was permanently residing in the United States under color of law;
   5. Any remuneration paid in any medium other than cash to an employee for agricultural labor or for service not in the course of the employer's trade or business;
   6. Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for such employer;
   7. Any payment made to, or on behalf of, an employee or his beneficiary from, under, or to a trust, annuity plan, simplified employee pension plan, annuity contract, exempt governmental deferred compensation plan, supplemental pension benefits plan or trust, or cafeteria plan, as such payments are defined under Section 3306(b)(5) of the federal Internal Revenue Code of 1986; or
   8. Any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died.
3. Any remuneration not elsewhere included in the definition of wages by this chapter, but for which services are performed within this state and for which an employing unit is liable for any federal tax against which credit may be taken for contributions paid into a state fund, shall, for the purposes of this chapter and notwithstanding any other provisions, constitute wages for employment, but only to the extent that such remuneration constitutes wages on which federal tax is payable. (Code 1981, § 34-8-49 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 776, § 1; Ga. L. 2012, p. 950, § 1/HB 347.)

U.S. Code. - Sections 501(a), 3101 and 3306(b)(5) of the federal Internal Revenue Code of 1986, referred to in subparagraph (b)(2)(F) and paragraphs (b)(3) and (b)(7), respectively, are codified at 26 U.S.C. §§ 501(a), 3101 and 3306(b)(5), respectively.

Law reviews. - For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 92 (2012).

34-8-50. Week.

As used in this chapter, the term "week" means such period of seven consecutive calendar days ending at 12:00 Midnight as the Commissioner may by regulation prescribe.

(Code 1981, § 34-8-50 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-51. Weekly benefit amount.

As used in this chapter, the term "weekly benefit amount" means the dollar amount, prior to any deductions, which an individual may be entitled to receive for one week of total unemployment.

(Code 1981, § 34-8-51 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-70. Duties and powers of Commissioner.

1. It shall be the duty of the Commissioner to administer this chapter.
2. The Commissioner shall have power and authority to adopt, amend, or rescind such rules and regulations and to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as deemed necessary or suitable to that end, and such rules and regulations shall be effective upon publication in the manner, not inconsistent with this chapter, which the Commissioner shall prescribe.
3. The Commissioner shall determine methods of organization and procedure in accordance with this chapter and shall have an official seal, which shall be judicially noticed.
4. Not later than February 1 of each year, the Commissioner shall submit to the Governor a report covering the administration and operation of this chapter during the preceding fiscal year and shall make such recommendations for amendments to this chapter as deemed proper. Such report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in the future years to pay benefits in excess of the then current contributions, which reserve shall be established by the Commissioner in accordance with accepted actuarial principles on the basis of statistics regarding employment, business activity, and other relevant factors for the longest possible period.
5. Whenever the Commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, the Commissioner shall promptly so inform the Governor and the General Assembly and make recommendations with respect thereto.
6. The Commissioner shall fully cooperate with the agencies of other states and shall make every proper effort to oppose and prevent any further action which would in the Commissioner's judgment tend to effect complete or substantial federalization of state unemployment compensation funds or state employment security programs. In addition, the Commissioner may make and may cooperate with other appropriate agencies in making studies as to the practicality and probable cost of possible new state administered social security programs and the relative desirability of state, rather than federal, action in any such field.
7. The Commissioner is authorized to enter into such cooperative agreements or contracts with appropriate officials in other states or with the United States secretary of labor for the purpose of the reciprocal collection of overpayments or delinquent contributions, penalties, interest, and costs or for such other purposes as reasonably relate to the discharge of the Commissioner's responsibilities under this chapter.
8. Notwithstanding any other provision of this chapter, the Commissioner may recover an overpayment of benefits paid to any individual under this state or another state's unemployment benefit law or under an unemployment benefit program of the United States. (Code 1981, § 34-8-70 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

Cross references. - Additional compensation of Commissioner for administering chapter, § 45-7-4(a)(9).

34-8-71. Distribution of text of chapter and other materials.

The Commissioner shall make available to the public copies of the text of this chapter, any rules or regulations promulgated pursuant to this chapter, the Commissioner's annual reports to the Governor, and any other material the Commissioner deems relevant. Such copies shall be furnished without cost, provided the request for copies is nominal and reasonable.

(Code 1981, § 34-8-71 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-72. Appointment of state and local or industry advisory councils.

The Commissioner shall appoint a State Advisory Council and may appoint local or industry advisory councils, composed in each case of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations and of such members representing the general public as the Commissioner may designate. Such councils shall aid the Commissioner in formulating policies and discussing problems related to the administration of this chapter and in assuring impartiality and freedom from political influence in the resolution of such problems. Such advisory councils shall serve without compensation but shall be reimbursed for any necessary expenses.

(Code 1981, § 34-8-72 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-73. Department to administer chapter and programs; authority to create, and delegate powers and duties to, Employment Security Agency.

1. The department shall administer the provisions of this chapter and all programs relating to state employment services and unemployment compensation.
2. The Commissioner may, at his or her discretion, create an Employment Security Agency and a director of such agency within the department and may delegate in writing to such agency and director and to any subordinate official or employee such powers, duties, and responsibilities as the Commissioner deems appropriate to administer this chapter and the programs relating to state employment services and unemployment compensation. (Code 1981, § 34-8-73 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-74. Appointment, compensation, powers, and duties of personnel administering chapter.

Subject to other provisions of this chapter, the Commissioner is authorized to appoint, fix the compensation of, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the Commissioner's duties under this chapter. The Commissioner may delegate to any such person such power and authority as deemed reasonable and proper for the effective administration of this chapter and may, in the discretion of the Commissioner, bond any persons handling moneys or signing checks under this chapter.

(Code 1981, § 34-8-74 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-75. Experience rating committee.

The Commissioner shall designate an experience rating committee. The committee shall be composed of one representative of employers, one representative of employees, and one representative of the department. The committee shall be constituted as a continuing committee for the purpose of conducting studies of experience rating and from time to time making recommendations to the Commissioner and the advisory council as to desirable modifications and improvements of the law, procedures, and regulations adopted in connection with the experience rating program.

(Code 1981, § 34-8-75 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-76. Duties of Commissioner to reduce and prevent unemployment.

The Commissioner, with the advice and aid of the State Advisory Council and the local or industry advisory councils, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depressions and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish in print or electronically the results of investigations and research studies.

(Code 1981, § 34-8-76 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2010, p. 838, § 10/SB 388.)

34-8-77. Creation and financing of State Employment Service; cooperation with federal agencies; authority to establish and maintain free public employment offices.

1. The State Employment Service is established as a program administered by the department. The Commissioner shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such duties as are within the purview of the federal Wagner-Peyser Act, 29 U.S.C. Section 49, as amended. The Commissioner is authorized to cooperate with or enter into agreements with any official or agency of the United States having powers or duties under the federal Wagner-Peyser Act and to do and perform all things necessary to secure to this state the benefits of that act in the promotion and maintenance of a system of public employment offices. The provisions of the federal Wagner-Peyser Act are accepted by this state, in conformity with Section 4 of that act, and this state will observe and comply with the requirements thereof. The Department of Labor is designated and constituted the agency of this state for the purposes of that act.
2. For the purpose of establishing and maintaining free public employment offices, the Commissioner is authorized to enter into agreements with the Railroad Retirement Board or any other agency of the United States charged with the administration of any unemployment compensation law, with any political subdivision of this state, or with any private, nonprofit organization; and, as a part of any such agreement, the Commissioner may accept moneys, services, or quarters as a contribution. (Code 1981, § 34-8-77 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1995, p. 373, § 1.)

34-8-78. Board of review; appointment, term of office, compensation, and removal of members.

1. There shall be a Board of Review of the Department of Labor, which board shall consist of three members. Each member shall be appointed by the Governor for a term of six years. Each member shall be compensated for such member's services, which compensation shall be fixed by the Governor and paid from the Employment Security Administration Fund. The Governor may, at any time, after notice and a hearing, remove any member for cause. Vacancies shall be filled by appointment by the Governor for the unexpired term.
2. The Governor may appoint additional alternative members of the board of review as needed to ensure the prompt and efficient review of cases by the board of review.  Those members may participate in any cases in which the other members are unable to participate.
3. The board of review shall have the powers and authority and shall perform the functions conferred upon it by this chapter. (Code 1981, § 34-8-78 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-79. State and federal cooperation in administration of chapter.

1. In the administration of this chapter, the Commissioner shall cooperate, to the fullest extent consistent with this chapter, with the United States secretary of labor and the federal official responsible for the allocation of funds for the administration of this chapter and for making other administrative determinations within the federal province under the federal Social Security Act, as amended; shall make such reports in such form and containing such information as the United States secretary of labor and such federal official may from time to time require and shall comply with such provisions as the United States secretary of labor and such federal official may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the United States secretary of labor and such federal official governing the expenditures of such sums as may be allotted and paid to this state under Title III of the federal Social Security Act for the purpose of assisting in the administration of this chapter.
2. Upon request therefor, the Commissioner shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this chapter.
3. The Commissioner may request the comptroller of the currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to this chapter and may in connection with such request transmit any such report or return to the comptroller of the currency of the United States as provided in 26 U.S.C. Section 3305(c). (Code 1981, § 34-8-79 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

U.S. Code. - Title III of the federal Social Security Act, referred to in subsection (a), is codified as 42 U.S.C. § 501 et seq.

34-8-80. Payment of compensation under two or more state unemployment compensation laws.

1. The Commissioner shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with the individual's wages and employment covered under the unemployment compensation laws of other states, which arrangements are approved by the United States secretary of labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for (1) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws and (2) avoiding the duplicate use of wages and employment by reason of such combining.
2. Payments to another state's trust fund shall be deemed to be benefits for the purposes of Code Sections 34-8-83 through 34-8-86 , 34-8-150 through 34-8-161 , 34-8-191 , and 34-8-193 , provided that appropriate charges may be made to employers' accounts for benefits so payable based on wages in this state. The Commissioner is authorized to make payment to other state or federal agencies and receive payment from such other state or federal agencies, in accordance with arrangements pursuant to this Code section. (Code 1981, § 34-8-80 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

34-8-81. Creation of Employment Security Administration Fund; sources of money for fund; management and control of moneys.

1. There is created a trust fund, with the Commissioner as trustee, to be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund shall be continuously available to the Commissioner for expenditure in accordance with this chapter and shall not lapse at any time or be transferred to any other fund except as provided in this Code section and shall not be subject to Article 4 of Chapter 12 of Title 45. All moneys in this fund, except money received under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in Code Section 34-8-77 shall be expended solely for the purposes and in the amounts found necessary by the United States secretary of labor for the proper and efficient administration of this chapter.
2. The fund shall consist of all moneys appropriated by this state for the purposes described in Code Section 34-8-77; all moneys received from the United States or any agency thereof, including the United States secretary of labor; all moneys, except funds appropriated pursuant to Code Section 34-8-92, received from any other source for such purpose; any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency; any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to equipment or supplies purchased from moneys in such fund; and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this chapter.
3. All moneys in this fund shall be deposited, administered, and disbursed in the manner and under the conditions and requirements provided under this chapter, except that moneys in this fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of a depository bank. Such moneys shall be secured by the depository in which they are held to the same extent and in the same manner as required by the general depository laws of this state, and collateral pledged shall be maintained in a separate custody account. The Commissioner shall be liable on the Commissioner's official bond for the faithful performance of duties in connection with the Employment Security Administration Fund provided for under this chapter. All sums recovered on any surety bond for losses sustained by the Employment Security Administration Fund shall be deposited in the fund.
4. Notwithstanding any provision of this Code section, all money requisitioned and deposited in this fund under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, shall remain part of the Unemployment Trust Fund and shall be used only in accordance with conditions specified in Code Section 34-8-85 . (Code 1981, § 34-8-81 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

Code Commission notes. - Pursuant to § 28-9-5 , in 1991, "a" was inserted in the second sentence of subsection (c).

U.S. Code. - Section 903 of the federal Social Security Act, referred to in subsections (a) and (d), is codified as 42 U.S.C. § 1103.

34-8-82. State reimbursement of Employment Security Administration Fund for moneys lost, wrongfully expended, or overexpended.

This state recognizes its obligation to replace and declares it to be the policy of this state that funds will be provided in the future and applied to the replacement of any moneys received from the United States secretary of labor or the federal official responsible for the allocation of funds for the administration of this chapter and for making other administrative determinations within the federal province under Title III of the federal Social Security Act; any unencumbered balances in the Employment Security Administration Fund as of that date; any moneys thereafter granted to this state pursuant to the provisions of the federal Wagner-Peyser Act; and any moneys made available by the state or its political subdivisions and matched by such moneys granted to this state pursuant to the provisions of the federal Wagner-Peyser Act, which the United States secretary of labor or other responsible federal official finds, because of any action or contingency, have been lost or have been expended for purposes other than or in amounts in excess of those found necessary by the United States secretary of labor or other responsible federal official. Such moneys shall be promptly replaced by moneys appropriated for such purpose from the general funds of this state to the Employment Security Administration Fund for expenditure as provided in Code Section 34-8-81. The Commissioner shall promptly report to the Governor, and the Governor to the General Assembly, the amount required for such replacement.

(Code 1981, § 34-8-82 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

U.S. Code. - The federal Wagner-Peyser Act is codified as 29 U.S.C. § 49 et seq. Title III of the federal Social Security Act is codified as 42 U.S.C. § 501 et seq.

34-8-83. Establishment, composition, and administration of Unemployment Compensation Fund.

There is established as a trust fund, separate and apart from all other public funds of this state, an Unemployment Compensation Fund, which shall be administered by the Commissioner exclusively for the purposes of this chapter. The fund shall consist of:

1. All contributions collected under this chapter;
2. All payments in lieu of contributions collected under Code Sections 34-8-158 through 34-8-161;
3. Interest earned upon any moneys in the fund;
4. Any property or securities acquired through the use of moneys belonging to the fund;
5. All earnings of such property or securities;
6. All moneys credited to this state's account in the Unemployment Trust Fund pursuant to Section 903 and related sections of the federal Social Security Act, as amended;
7. All moneys received from the federal government as reimbursements pursuant to Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; and
8. All moneys received for the fund from any other source. (Code 1981, § 34-8-83 , enacted by Ga. L. 1991, p. 139, § 1.)

U.S. Code. - Section 903 of the federal Social Security Act, referred to in paragraph (6), is codified as 42 U.S.C. § 1103.

Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, referred to in paragraph (7), is noted following 26 U.S.C. § 3304.

34-8-84. Commissioner as custodian of fund; establishment of accounts within fund; deposits of money in accounts.

The Commissioner shall be custodian of the Unemployment Compensation Fund and shall administer the fund in accordance with such rules and regulations as the Commissioner shall prescribe. The Commissioner shall maintain within the fund three separate accounts: (1) a clearing account, (2) an unemployment trust fund account, and (3) a benefit account. The Commissioner shall immediately deposit all moneys payable to the fund, upon receipt thereof, in the clearing account. Refunds payable pursuant to Code Section 34-8-164 may be paid from the clearing account or the benefit account upon authorization issued by the Commissioner. After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the secretary of the treasury of the United States to the credit of the account of this state in the Unemployment Trust Fund established and maintained pursuant to Section 904 of the Social Security Act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this state's account in the Unemployment Trust Fund. Except as otherwise provided in this Code section, moneys in the clearing and benefit accounts may be deposited by the Commissioner in any bank or public depository in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided, however, that any charges for exchange on local bank checks in payment of contributions may be paid as expense of collection from the Employment Security Administration Fund. Such money shall be secured by the depository bank to the same extent and in the same manner as required by the general depository laws of this state; and collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral pledged to secure the other funds of the state. The Commissioner shall be liable on the Commissioner's official bond for the faithful performance of duties in connection with the Unemployment Compensation Fund as provided under this chapter. All sums recovered on any surety bond for losses sustained by the Unemployment Compensation Fund shall be deposited in said fund.

(Code 1981, § 34-8-84 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

U.S. Code. - Section 904 of the federal Social Security Act, referred to in this Code section, is codified as 42 U.S.C. § 1104.

34-8-85. Withdrawals from Unemployment Trust Fund for expenditures under chapter.

Moneys shall be requisitioned from this state's account in the Unemployment Trust Fund solely for the payment of regular benefits and extended benefits and for refunds pursuant to Code Section 34-8-164 and in accordance with regulations prescribed by the Commissioner, except that moneys credited to this state's account pursuant to Section 903 of the federal Social Security Act, as amended, may be requisitioned and used exclusively as provided in paragraphs (1) through (5) of this Code section:

1. FUNDS FOR PAYMENT OF FUTURE BENEFITS. The Commissioner shall from time to time requisition from the Unemployment Trust Fund amounts, not exceeding the amount standing in this state's account therein, as deemed necessary by the Commissioner for the payment of benefits for a reasonable future period. Upon receipt thereof, the Commissioner shall deposit the funds in the benefit account. The benefit account shall be used solely for the payment of regular benefits and extended benefits or refunds upon requisition of the Commissioner as authorized in this Code section.  Withdrawal of such funds in the benefit account shall not be subject to any provisions of law requiring specific appropriations or other formal releases of state officers of moneys in their custody.  The Commissioner's requisitions for lump sum withdrawals for the payment of individual benefit claims shall not exceed  the balance of funds in the Unemployment Trust Fund; and such requisition shall be in an amount estimated to be necessary for benefit payments for such reasonable future period as the Commissioner may by regulation prescribe. Such lump sum amounts, when received by the Commissioner, shall be immediately deposited in the benefit account maintained in the name of the Commissioner in such bank or public depository and under such conditions as the Commissioner determines necessary; provided, however, that such bank or public depository shall be one in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided, further, that such moneys shall be secured by the depository bank to the same extent and in the same manner as required by the general laws of this state governing depositories of state funds and that collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral or bonds pledged or given to secure other funds of the state. The Commissioner or a duly authorized representative of the Commissioner shall be authorized to draw and issue checks on the benefit account for the payment of individual benefit claims. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for and may be utilized for the payment of benefits during succeeding periods or, in the discretion of the Commissioner, shall be redeposited with the secretary of the treasury of the United States to the credit of this state's account in the Unemployment Trust Fund as provided in Code Section 34-8-84;
2. APPROPRIATION OF ADMINISTRATION EXPENSES. Moneys credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended, may be requisitioned and used in the payment of expenses incurred for the administration of this chapter pursuant to a specific appropriation by the General Assembly, provided that the expenses are incurred and the moneys are requisitioned after the enactment of an appropriations Act which:
   1. Specifies the purposes for which such moneys are appropriated and the amount appropriated therefor; and
   2. Limits the period within which such moneys may be expended to a period ending not more than two years after the date of the enactment of the appropriations Act;
3. LIMITATION ON WITHDRAWALS AND USE OF FUNDS. Moneys credited to the account of this state pursuant to Section 903 of the federal Social Security Act, as amended, may not be withdrawn or used except for the payment of benefits or for the payment of expenses for the administration of this chapter and of public employment offices pursuant to this Code section;
4. RECORDS OF APPROPRIATED FUNDS. Moneys appropriated for the payment of expenses of administration pursuant to this Code section shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the Employment Security Administration Fund, but, until expended, shall remain a part of the Unemployment Trust Fund. The Commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. If any moneys so deposited are, for any reason, not to be expended for the purposes for which they were appropriated, such moneys shall be returned promptly to the secretary of the treasury of the United States for credit to this state's account in the Unemployment Trust Fund; and
5. APPROPRIATIONS TO DEPARTMENT OF LABOR. There is authorized to be appropriated by the General Assembly to the Department of Labor any part of or all moneys credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended, and as provided in this Code section; provided, however, that notwithstanding any other provisions of this Code section to the contrary, moneys credited with respect to federal fiscal years 1999, 2000, and 2001, and moneys credited with respect to the special transfer made under Section 903(g) of said Act, shall be used solely for the administration of the unemployment insurance program in Georgia and are not subject to appropriations by the General Assembly. (Code 1981, § 34-8-85 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34; Ga. L. 1998, p. 1501, § 1; Ga. L. 2009, p. 139, § 10/HB 581.)

Editor's notes. - Ga. L. 2009, p. 139, § 1/HB 581, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Works Job Creation and Protection Act of 2009.'"

U.S. Code. - Section 903 of the federal Social Security Act, referred to throughout this Code section, is codified as 42 U.S.C. § 1103.

34-8-86. Management of funds upon discontinuance of Unemployment Trust Fund.

Code Sections 34-8-83 through 34-8-85, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such trust fund continues to exist and so long as the secretary of the treasury of the United States continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state's proportionate share of the earnings of the Unemployment Trust Fund, from which no other state is permitted to make withdrawals. If and when such Unemployment Trust Fund ceases to exist or such separate book account is no longer maintained, all moneys, properties, or securities therein belonging to the Unemployment Compensation Fund of this state shall be transferred to the treasurer of the Unemployment Compensation Fund, who shall hold, invest, transfer, sell, deposit, and release such funds, properties, or securities in a manner approved by the Commissioner in accordance with this chapter; provided, however, that such funds shall be invested in the bonds or other interest-bearing obligations of the United States of America and of the State of Georgia; and provided, further, that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The Commissioner, as custodian, shall have the discretionary authority to dispose of securities or other properties belonging to the Unemployment Compensation Fund.

(Code 1981, § 34-8-86 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

34-8-87. Borrowing funds from United States Treasury upon depletion of Unemployment Compensation Fund.

The Commissioner is authorized to borrow funds from the United States Treasury in accordance with standards and regulations promulgated by the United States Department of Labor and pursuant to laws of the United States. Such authority is granted only to be used if and when the Unemployment Compensation Fund should be depleted; and all funds so borrowed shall be used only for the purpose of paying benefits to those persons eligible to receive such benefits.

(Code 1981, § 34-8-87 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-88. Necessary powers in discharge of duties.

In the discharge of the duties imposed by this chapter, the Commissioner, the chief administrative hearing officer, the members of the board of review, and any duly authorized representative of any of them shall have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this chapter.

(Code 1981, § 34-8-88 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-89. Application for order requiring persons to obey subpoena issued by Commissioner.

1. In case of contumacy or refusal to obey a subpoena by any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them to produce evidence, if so ordered, or to give testimony regarding the matter under investigation or in question; and any failure to obey such order may be punished by the superior court as a contempt of court.
2. Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in such person's power to do so, in obedience to a subpoena of the Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them shall, upon conviction thereof, be punished by a fine of not less than $200.00, or by imprisonment for not longer than 60 days, or by both such fine and imprisonment; and each day such violation continues shall be deemed to be a separate offense. (Code 1981, § 34-8-89 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-90. Authority to lease property.

Reserved. Repealed by Ga. L. 2005, p. 100, § 16/SB 158, effective April 12, 2005.

Editor's notes. - This Code section was based on Code 1981, § 34-8-90 , enacted by Ga. L. 1991, p. 139, § 1.

34-8-91. Benefits limited to extent funds are available.

Benefits shall be deemed due and payable under this chapter only to the extent provided in this chapter and to the extent that funds are available therefor to the credit of the Unemployment Compensation Fund. Neither the state nor the Commissioner shall be liable for any amount in excess of such sums.

(Code 1981, § 34-8-91 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-92. Disposition of fines, penalties, and interest collected; amounts collected pursuant to Code Section 34-8-255 to be returned to Unemployment Compensation Fund.

1. All fines, penalties, and interest collected under the terms of this chapter shall be paid into the state treasury. The General Assembly shall be authorized to appropriate to the Commissioner all such funds so raised and deposited in the state treasury, which shall be payable upon requisition of the Commissioner.  Such funds are to be used for the replacement of funds, as provided in Code Section 34-8-82, and for incidental expenses incurred in the administration of this chapter for which funds are not granted by the federal government through the United States secretary of labor or other agencies.
2. Notwithstanding subsection (a) of this Code section, any amounts collected pursuant to Code Section 34-8-255 shall be returned to the Unemployment Compensation Fund to be used exclusively for the purposes of this chapter as required by federal law. (Code 1981, § 34-8-92 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34; Ga. L. 2014, p. 730, § 1/HB 714.)

Law reviews. - For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 137 (2014).

34-8-93. Construction of chapter; severability.

1. Any ambiguity in this chapter shall be construed in a manner consistent with federal law applicable to the unemployment compensation program.
2. In the event any Code section, subsection, paragraph, subparagraph, sentence, clause, phrase, or provision of this chapter shall be ruled unconstitutional by any court or out of conformity with federal law by the United States secretary of labor, such provision shall be null and void and of no force and effect. The General Assembly declares that it would have passed the remaining portions of this chapter if it had known that any such part or provision of this chapter would be declared unconstitutional or out of conformity with federal law by the United States secretary of labor.  Further, the Commissioner shall have the authority to make procedurally the necessary adjustments in order to bring about conformity with federal law, pending action of the General Assembly. (Code 1981, § 34-8-93 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

34-8-120. Legislative intent.

1. This article is intended to reconcile the free access to public records granted by Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, and the discovery rights of judicial and administrative systems with the historical confidentiality of certain records of the department and the individual's right of privacy.
2. The General Assembly recognizes that records and information held by the Department of Labor could be misused.  Therefore, it is the intent of this article to define a right of privacy and confidentiality as regards individual and employing unit records and other records maintained by the Department of Labor.  The General Assembly further recognizes that there are situations where this right of privacy and confidentiality is outweighed by other considerations.  Therefore, it is the intent of this article to define also certain exceptions to the right of privacy and confidentiality. (Code 1981, § 34-8-120 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-121. Information or records shall be private and confidential; release authorized; maintenance of records; disclosure of private and confidential information; destruction of outdated records.

1. Any information or records concerning an individual or employing unit obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility shall be private and confidential, except as otherwise provided in this article or by regulation. This article does not create a rule of evidence. Information or records may be released by the department when the release is required by the federal government in connection with, or as a condition of funding for, a program being administered by the department. The provisions of paragraphs (1) through (3) of subsection (a) of Code Section 34-8-125 shall not apply to such release.
2. 1. Each employing unit shall keep true and accurate records containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or an authorized representative of the Commissioner at any time and as often as may be necessary. In addition to information prescribed by the Commissioner, each employer shall keep records of and report to the Commissioner quarterly the street address of each establishment, branch, outlet, or office of such employer, the nature of the operation, the number of persons employed, and the wages paid at each establishment, branch, outlet, or office.
   2. The Commissioner or an authorized representative of the Commissioner may require from any employing unit any sworn or unsworn reports deemed necessary for the effective administration of this chapter. Any member of the board of review, any administrative hearing officer, or any field representative may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which are deemed necessary for the effective administration of this chapter.
   3. Information, statements, transcriptions of proceedings, transcriptions of recordings, electronic recordings, letters, memoranda, and other documents and reports thus obtained or obtained from any individual, claimant, employing unit, or employer pursuant to the administration of this chapter, except to the extent necessary for the proper administration and enforcement of this chapter, shall be held confidential and shall not be subject to subpoena in any civil action or proceeding, published, or open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity; but any claimant, employer, or a duly authorized representative, at a hearing before an administrative hearing officer or the board of review, shall be supplied with information from such records to the extent necessary for the proper presentation of his or her claim. Any person who violates any provision of this paragraph shall upon conviction be guilty of a misdemeanor.
   4. Notwithstanding the provisions of Code Sections 50-6-9 and 50-6-29 relating to the powers of the state auditor to disclose private and confidential information or records obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility, such private and confidential information or records may be disclosed by the state auditor only in accordance with all provisions of this article and the requirements of 20 C.F.R. 603 and, after notice and review, upon the written direction of the Commissioner issued in advance of such disclosure.
   5. On orders of the Commissioner, any records or documents received or maintained by the Commissioner under the provisions of this chapter or the rules and regulations promulgated under this chapter may be destroyed under such safeguards as will protect their confidential nature two years after the date on which such records or documents last serve any useful, legal, or administrative purpose in the administration of this chapter or in the protection of the rights of anyone. (Code 1981, § 34-8-121 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2009, p. 139, § 7/HB 581.)

Editor's notes. - Ga. L. 2009, p. 139, § 1/HB 581, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Works Job Creation and Protection Act of 2009.'"

Law reviews. - For note discussing administrative records and reports of public employment agencies with emphasis on the critical role of the employer, and advocating a qualified, rather than absolute, privilege placed on confidential employer reports, see 11 Mercer L. Rev. 345 (1960).

34-8-122. Communications between employer and employee, or between employer or employee and department, privileged.

1. All letters, reports, communications, or any other matters, either oral or written, from the employer or employee to each other or to the department or any of its agents, representatives, or employees, which letters, reports, or other communications shall have been written, sent, delivered, or made in connection with the requirements of the administration of this chapter, shall be absolutely privileged and shall not be made the subject matter or basis for any action for slander or libel in any court of the State of Georgia.
2. Any finding of fact or law, judgment, determination, conclusion, or final order made by an adjudicator, examiner, hearing officer, board of review, or any other person acting under the authority of the Commissioner with respect to this chapter shall not be admissible, binding, or conclusive in any separate or subsequent action or proceeding between a person and such person's present or previous employer brought before any court of this state or the United States or before any local, state, or federal administrative agency, regardless of whether the prior action was between the same or related parties or involved the same or similar facts; provided, however, any finding of fact or law, judgment, determination, conclusion, or final order made as described in this chapter shall be admissible in proceedings before the Commissioner. (Code 1981, § 34-8-122 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-123. Commissioner's authority to adopt, amend, or rescind rules and regulations.

The Commissioner shall have the authority to adopt, amend, or rescind rules and regulations interpreting and implementing the provisions of this article. In particular, these rules shall specify the procedure to be followed to obtain information or records to which the public has access under this chapter.

(Code 1981, § 34-8-123 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-124. Access to records and information by individuals and employing units; fee for copies.

1. An individual shall have access to all records and information concerning that individual held by the department unless the information is exempt from disclosure.  An employing unit shall have access to its own records and to any records and information relating to a benefit claim by an individual if the employing unit is the individual's chargeable employer. An employing unit shall have access to general summaries of benefit claims by individuals whose benefits are chargeable to the employing unit's experience rating or reimbursement account.
2. Any interested party or authorized representative of such party shall be entitled to examine and, upon the payment of a reasonable fee to the department, to obtain a copy of any materials contained in such records to the extent necessary for proper presentation of the party's position at any hearing on a claim. At the Commissioner's discretion, the fee may be waived for persons for whom such payment would present a hardship. (Code 1981, § 34-8-124 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-125. Access to information or records by governmental agencies; penalty for violation.

1. Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal, shall have access to information or records deemed private and confidential under this article if the information or records are needed by the agency for official purposes and:
   1. The agency submits an application in writing to the department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department;
   2. The commissioner, chief executive, or other responsible official of the requesting agency has verified the need for the specific information in writing either on the application or on a separate document; and
   3. The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in the same manner as service of process in a civil action.  The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the department to state any objections to the release of the records or information.  The department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit. The department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.
2. In cases of emergency the governmental agency requesting access shall not be required to comply formally with the provisions of subsection (a) of this Code section at the time of the request if the procedures required by subsection (a) of this Code section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this article.  An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately.
3. The requirements of paragraph (3) of subsection (a) of this Code section shall not apply  to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws.
4. Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, to determine eligibility or entitlement to public programs, or to determine potential tax liability or employer compliance with registration and licensing requirements. In those cases the governmental agency shall not be required to comply with paragraph (3) of subsection (a) of this Code section, but the requirements of the remainder of subsection (a) of this Code section must be satisfied.
5. Disclosure to governmental agencies of information or records obtained by the department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the department where so required by federal law.  State law shall control when federal law does not apply to the records or information.
6. The disclosure of any records or information by a governmental agency which has obtained the records or information under this Code section is prohibited unless the disclosure is directly connected to the official purpose for which the records or information was obtained.  The willful violation of this subsection shall upon conviction constitute a misdemeanor. (Code 1981, § 34-8-125 , enacted by Ga. L. 1991, p. 139, § 1.)

Cross references. - Punishment for misdemeanors generally, § 17-10-3 .

34-8-126. Information or records available to parties to judicial or formal administrative proceedings.

Information or records deemed private and confidential under this chapter shall be available to parties to judicial or formal administrative proceedings only upon a finding by the presiding officer that the need for the information or records in the proceeding outweighs any reasons for the privacy and confidentiality of the information or records. Information or records deemed private and confidential under this chapter shall not be available in discovery proceedings unless the court in which the action has been filed has made the finding specified above. A judicial or administrative subpoena or order directed to the department must contain this finding. A subpoena for records or information held by the department may be directed to and served upon any employee of the department, but the department may specify by rule or regulation which employee shall produce the records or information in compliance with the subpoena.

(Code 1981, § 34-8-126 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-127. Disclosure of information or records when necessary to permit private parties to assist in operation of department; penalty for violations; enforcement by Attorney General.

The department shall have the right to disclose information or records deemed private and confidential under this chapter to any private person or organization when such disclosure is necessary to permit private contracting parties to assist in the operation and management of the department in instances where certain departmental functions may be delegated to private parties to increase the department's efficiency or quality of service to the public. The private persons or organizations shall use the information or records solely for the purpose for which the information was disclosed and shall be bound by the same rules of privacy and confidentiality as department employees. The misuse or unauthorized release of records or information deemed private and confidential under this article by any private person or organization to which access is permitted by this Code section shall subject the person or organization to a civil penalty of $500.00 per violation and shall also subject such person or organization to the criminal provisions specified in Code Section 34-8-125. An action to enforce this Code section shall be brought by the Attorney General. The Attorney General may recover reasonable attorneys' fees for any action brought to enforce this Code section.

(Code 1981, § 34-8-127 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-128. Disclosure of information to contracting governmental or private organizations.

Where the department contracts to provide services to other governmental or private organizations, the department may disclose to those organizations information or records deemed private and confidential which have been acquired in the performance of the department's obligations under the contracts.

(Code 1981, § 34-8-128 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-129. Disclosure of information or records when identifying information deleted.

Nothing in this article shall prevent the disclosure of information or records deemed private and confidential under this article if all details identifying an individual or employing unit are deleted or the individual and employing unit consent to the disclosure.

(Code 1981, § 34-8-129 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-130. Prevention of fraud and abuse of the Unemployment Trust Fund.

1. To enforce the provisions of this article and to prevent fraud and abuse of the Unemployment Trust Fund, the Commissioner or his or her duly authorized representative may submit to the state revenue commissioner the names and social security numbers of any individuals who are required to report earnings to the department along with the amount of earnings such individuals have reported to the department during specified time periods. The state revenue commissioner shall compare the submitted earnings of such individuals with income reported by such individuals to the Department of Revenue and shall verify and report back to the department that the submitted earnings of each such individual are either equal to, greater than, or less than the amount of income reported by each such individual to the Department of Revenue. Furthermore, the department may submit to the state revenue commissioner the name of any employer along with the number of employees who are being reported to the department by such employer during specified time periods. The state revenue commissioner shall compare such records submitted by employers to the department with the number of employees reported by each such employer to the Department of Revenue and shall verify and report back to the department that the number of employees reported to the department is either equal to, greater than, or less than the number of employees reported to the Department of Revenue for state income tax withholding purposes for the specified time period. The department shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No report contemplated by this subsection shall be provided by the Department of Revenue to the department without a cooperative data sharing agreement executed by the two departments that is specific to the subject matter of this subsection. Any tax information secured from the federal government by the Department of Revenue pursuant to the provisions of Section 6103 of the Internal Revenue Code shall not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection shall be subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information, as well as the penalties provided under Code Section 34-8-125.
2. Nothing in this Code section shall prevent the Department of Revenue or any other governmental agency from having access to records or information as provided for under Code Section 34-8-125 . (Code 1981, § 34-8-130 , enacted by Ga. L. 2016, p. 545, § 1/HB 904.)

Effective date. - This Code section became effective July 1, 2016.

34-8-150. Payment of contributions by employers; deferral of de minimis amounts.

1. Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Except as otherwise provided in this Code section, such contributions shall become due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Commissioner may prescribe; provided, however, that with respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner shall provide by regulation that such contributions shall become due and be paid on an annual basis not later than such date as shall be prescribed by resolution of the Commissioner. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ.
2. 1. For calendar quarters beginning on or after July 1, 2009, when the combined amount of contributions under this Code section and assessments under Code Section 34-8-180 or 34-8-181 due from an employer for any calendar quarter does not exceed $5.00, such amount may be regarded as a de minimis amount with respect to that calendar quarter.
   2. Payment of such de minimis amount for such calendar quarter, otherwise due before the last day of the month next following the end of the calendar quarter, may be deferred, at the option of the employer, until the January 31 reporting date next following, if the employer:
      1. Files all quarterly wage and tax reports, including a report of such de minimis amount due;
      2. Timely pays all other amounts due; and
      3. Makes full payment of any deferred de minimis amount by the January 31 report date next following.
   3. In the event that an employer fails to comply with paragraph (2) of this subsection, any such deferred de minimis amount shall become delinquent as of the date originally due under this Code section and Code Section 34-8-165, 34-8-180, or 34-8-181, as applicable, and the employer shall be subject to all the provisions thereof.
3. In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent. (Code 1981, § 34-8-150 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1995, p. 781, § 1; Ga. L. 2002, p. 1084, § 1; Ga. L. 2009, p. 139, § 2/HB 581.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "commissioner" was capitalized at the end of the second sentence in subsection (a).

Editor's notes. - Ga. L. 2009, p. 139, § 1/HB 581, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Works Job Creation and Protection Act of 2009.'"

Law reviews. - For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010).

34-8-151. Rate of employer contributions.

1. For periods prior to April 1, 1987, or after December 31, 2022, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162.
2. For periods on or after April 1, 1987, but on or before December 31, 1999, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162.
3. For periods on or after January 1, 2000, but on or before December 31, 2016, each new or newly covered employer shall pay contributions at a rate of 2.62 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162.
4. For periods on or after January 1, 2017, but on or before December 31, 2022, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162 . (Code 1981, § 34-8-151 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1996, p. 693, § 1; Ga. L. 1998, p. 1501, § 2; Ga. L. 1999, p. 449, § 2; Ga. L. 1999, p. 521, § 2; Ga. L. 2005, p. 1200, § 2/HB 520; Ga. L. 2006, p. 72, § 34/SB 465; Ga. L. 2011, p. 390, § 1/HB 292; Ga. L. 2016, p. 545, § 2/HB 904.)

The 2016 amendment, effective July 1, 2016, substituted "December 31, 2022" for "December 31, 2016" near the beginning of subsection (a); and added subsection (d).

Editor's notes. - Ga. L. 1999, p. 449, § 1, and Ga. L. 1999, p. 521, § 1, not codified by the General Assembly, provide that: "This Act shall be known and may be cited as the 'Workforce Reinvestment Act of 1999.'"

Law reviews. - For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005). For review of 1996 labor and industrial relations legislation, see 13 Ga. St. U.L. Rev. 217 (1996).

34-8-152. Standard rate.

1. The standard rate of contribution shall be 5.4 percent. The standard rate of contribution is the rate from which variations therefrom are computed as provided in Code Section 34-8-155.
2. No employer's rate shall be reduced below the rate for new employers as specified in Code Section 34-8-151 for any calendar year, except as provided in Code Section 34-8-155 , unless and until such employer's account could have been chargeable with benefit payments throughout the 36 consecutive calendar months ending on the computation date for that calendar year. (Code 1981, § 34-8-152 , enacted by Ga. L. 1991, p. 139, § 1.)

34-8-153. Liability of succeeding employer; computation of rate of contributions; transfers between employers with substantially common ownership, management, or control; transfers made for the purpose of obtaining a lower rate of contribution; penalties for violations.

1. Subject to the provisions of subsections (g) and (h) of this Code section, any corporation, partnership, individual, or other legal entity who acquires by purchase, merger, consolidation, or other means substantially all of the trade, business, or assets of any employer and who thereafter continues the acquired trade or business shall be deemed to be a successor to the employer from whom the trade or business was acquired. The successor shall acquire the experience rating record of the predecessor except as otherwise provided in this Code section or in the rules and regulations of the Department of Labor. If the successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall continue to be applicable to the successor; provided, however, if the existing rate of contributions of the predecessor exceeds the new employer rate as specified in Code Section 34-8-151, the successor shall be assigned a new employer rate of contributions; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations and the successor shall be otherwise treated as a new employer.
2. Subject to the provisions of subsections (g) and (h) of this Code section, if the successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by the combined experience of the predecessor and successor as of the applicable computation date; provided, however, the experience of the predecessor shall not be combined with that of the successor for purposes of rate calculation if the predecessor's rate of contributions immediately preceding the acquisition exceeded the rate already in effect for the successor; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations unless this combination of experience results in a reduction of rates.
3. Subject to the provisions of subsections (g) and (h) of this Code section, any employing unit which acquires by any means any clearly identifiable or separable portion of the trade or business of an employer and is an employer at the time of the acquisition or becomes an employer within six months from the end of the quarter in which the acquisition is made may be deemed to be a partial successor to the employer from whom the portion of the trade or business was acquired. A portion of the predecessor's experience rating records which are attributable to the portion of trade or the business which was acquired may be transferred to the successor. Mutual consent of both parties must be given to effectuate the partial transfer. The Commissioner shall prescribe by regulation the time frame for notification to the department of partial acquisitions and the method by which the portion of the experience rating record to be transferred will be determined.
4. Subject to the provisions of subsections (g) and (h) of this Code section, if the conditions of subsection (c) of this Code section are met and the partial successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall be applicable to the successor. Future rates will be determined by combining the transferred portion of the predecessor's experience rating record with the successor's own experience rating record as of the applicable computation date.
5. Subject to the provisions of subsections (g) and (h) of this Code section, if the conditions of subsection (c) of this Code section are met and the partial successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by combining the transferred portion of the predecessor's experience rating record with the successor's own experience rating record as of the applicable computation date.
6. Nothing in this Code section shall be construed to affect liens which are created pursuant to Code Section 34-8-167.
7. Notwithstanding any other provision of this chapter to the contrary, effective July 1, 2006:
   1. If an employer transfers its trade or business, or any portion thereof, to another employer and, at the time of the transfer, there is substantially common ownership, management, or control of the two employers then the rate of contributions attributable to the predecessor shall be transferred to the successor employer to whom such business is so transferred. The rates of contributions of both employers shall be recalculated and made effective immediately upon the date of the transfer of the trade or business.
   2. Whenever the successor is not already an employer at the time of the acquisition, the unemployment experience of the acquired business shall not be transferred to the successor if the Commissioner determines that the successor acquired the business solely or primarily for the purpose of obtaining a lower rate of contribution. Instead, the successor shall be assigned the new employer rate under Code Section 34-8-151. In determining whether the trade or business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the Commissioner shall use objective factors which may include the following:
      1. The cost of acquiring the trade or business;
      2. Whether the successor actually continued the business enterprise of the acquired trade or business;
      3. How long the acquired trade or business was continued; and
      4. Whether or not a substantial number of new employees were hired for the performance of duties unrelated to the business activity conducted by the predecessor prior to acquisition.
8. 1. Any person who knowingly violates or attempts to violate subsection (g) of this Code section or any other provision of this chapter related to determining the assignment of a rate of contributions or any person who knowingly advises another person in a manner that results in a violation of such provision shall be subject to the following penalties:

      (A) If the person is an employer, then such employer shall be assigned the highest rate assignable under this chapter for the rate year during which such violation or attempted violation occurred and the three rate years immediately following that rate year; provided, however, that if:

9. The person's business is already at the highest rate; or (ii) If the amount of increase in the rate of contributions for such person would be less than 2 percent for such year, then a penalty rate of contributions of 2 percent of taxable wages shall be imposed for such year; (B) If the person is not an employer, such person shall be subject to a civil monetary penalty of not more than $5,000.00 per violation. Any such fine collected shall be deposited in the penalty and interest account established under Code Section 34-8-92 . (2) For the purposes of this subsection, the term "knowingly" means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibited act or omission. (3) For the purposes of this subsection, the term "violates or attempts to violate" includes, but is not limited to, intent to evade, misrepresentation, and willful nondisclosure. (4) For the purposes of this subsection, the term "person" shall have the meaning given such term by Section 7701(a)(1) of the Internal Revenue Code of 1986, as amended. (5) In addition to the penalty imposed by paragraph (1) of this subsection, any violation of this Code section may be prosecuted as a felony under Code Section 16-10-20 . (6) The Commissioner shall establish procedures to identify the occurrence of any transfer or acquisition of a business that violates any provision of this Code section.
   1. For the purposes of this Code section and administration of the Employment Security Law, the terms "trade, business, or assets" and "trade or business" shall include:
      1. The employer's work force or any part of the employer's work force; and
      2. Any part of the employer's trade, business, or assets, whether or not clearly identifiable or separable within the meaning of subsection (c) of this Code section. Tax liability under Chapter 7 of Title 48 shall not be affected by the definitions of "trade, business, or assets" and "trade or business" in this Code section. (Code 1981, § 34-8-153 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1995, p. 373, § 2; Ga. L. 1997, p. 888, § 1; Ga. L. 2005, p. 1200, § 3/HB 520; Ga. L. 2006, p. 72, § 34/SB 465; Ga. L. 2008, p. 324, § 34/SB 455; Ga. L. 2017, p. 774, § 34/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "provision of this chapter" for "provision in this chapter" in subsection (g).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2005, a colon was substituted for a period at the end of paragraph (h)(1) and "monetary" was substituted for "money" in subparagraph (h)(1)(B).

Law reviews. - For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005). For note discussing administrative records and reports of public employment agencies with emphasis on the critical role of the employer, and advocating a qualified, rather than absolute privilege placed on confidential employer reports, see 11 Mercer L. Rev. 345 (1960).