Title 34 — Title 34
0 chapters · 240 sections in this title.
O.C.G.A. § 34-8-32 Employee leasing company
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(a) 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 f…
O.C.G.A. § 34-8-33 Employer
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(a) As used in this chapter, the term ‘‘employer’’ means: (1) Any employing unit which, in either the current or preceding calendar year: 159 34-8-33 (A) Paid in any calendar quarter wages of $1,500.00 or more for service in employment; or (B) Had in employment at least one indiv…
O.C.G.A. § 34-8-34 Employing unit
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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 domest…
O.C.G.A. § 34-8-35 Employment
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(a) 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. (b) The term ‘‘employment’’ shall include an individual’s entire service perfo…
O.C.G.A. § 34-8-36 Employment office
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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.) 1…
O.C.G.A. § 34-8-37 Employment Security Administration Fund
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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. 1…
O.C.G.A. § 34-8-38 Experience rating account
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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 ben…
O.C.G.A. § 34-8-39 Extended benefits
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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 …
O.C.G.A. § 34-8-4 Representation by Attorney General
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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.) ARTICLE 2 DEFINITIONS 34-8-20. Annual…
O.C.G.A. § 34-8-40 Fund
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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.) 181 34-8-43
O.C.G.A. § 34-8-41 Insured work
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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.
O.C.G.A. § 34-8-42 Liable employer
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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 recen…
O.C.G.A. § 34-8-43 Most recent employer
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(a) 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. (b) As used in this ch…
O.C.G.A. § 34-8-44 State
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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 bene…
O.C.G.A. § 34-8-45 Supplemental unemployment benefits
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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 res…
O.C.G.A. § 34-8-46 Sturgess v
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OA Logistics Servs., 336 Ga. App. 134, 784 S.E.2d 432 (2016). Immunity of employees of joint venture. — When the owner of a crane and another construction company engaged in a joint venture on a project and both the plaintiff and the operator of a crane which injured the plaintif…
O.C.G.A. § 34-8-47 Unemployed; unemployment
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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…
O.C.G.A. § 34-8-48 Valid claim
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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.) 3…
O.C.G.A. § 34-8-49 Wages
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(a)(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 sh…
O.C.G.A. § 34-8-50 Week
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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.
O.C.G.A. § 34-8-51 Weekly benefit amount
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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.) 188 T.34, C.8, A.3 EMPLOYM…
O.C.G.A. § 34-8-70 Duties and powers of Commissioner
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(a) It shall be the duty of the Commissioner to administer this chapter. (b) 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, …
O.C.G.A. § 34-8-71 Distribution of text of chapter and other materials
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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 f…
O.C.G.A. § 34-8-73 Annual payroll; average annual payroll
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Base period; alternative base period. Benefits. Benefit year. Bona fide in the labor market. Calendar quarter. Commissioner. Common paymaster. Computation date. Contributions; payments in lieu of contributions. Deductible earnings. Department. Employee leasing company. Employer. …
O.C.G.A. § 34-8-75 Experience rating committee
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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 pur…
O.C.G.A. § 34-8-76 Duties of Commissioner to reduce and prevent unemployment
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The Commissioner, with the advice and aid of the State Advisory Council and the local or industry advisory councils, shall take all 192 34-8-77 appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational trainin…
O.C.G.A. § 34-8-85 Withdrawals from Unemployment Trust Fund for expenditures under chapter
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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…
O.C.G.A. § 34-8-86 Management of funds upon discontinuance of Unemployment Trust Fund
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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 sep…
O.C.G.A. § 34-8-88 Necessary powers in discharge of duties
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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 deposition…
O.C.G.A. § 34-8-90 Authority to lease property
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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.
O.C.G.A. § 34-8-91 Benefits limited to extent funds are available
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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 205 34-8…
O.C.G.A. § 34-8-93 Construction of chapter; severability
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(a) Any ambiguity in this chapter shall be construed in a manner consistent with federal law applicable to the unemployment compensation program. (b) In the event any Code section, subsection, paragraph, subparagraph, sentence, clause, phrase, or provision of this chapter shall b…