Title 34

(a) 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. (b) As used in this chapter, the term ‘‘average annual payroll’’ means …

(a) 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 …

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.)

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 …

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 wo…

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…

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.)

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 …

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…

(a) 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. (b) As used in this chapter, the term ‘‘payments in lieu of contributions’’ means the money payments to reim…

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 mon…

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.)

(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…

(a) As used in this chapter, the term ‘‘employer’’ means: (1) Any employing unit which, in either the current or preceding calendar year: (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 individual, irres…

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…

(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…

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.)

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…

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.)

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 …

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.)

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.)

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.)

(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…

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.)

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…

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…

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.)

(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…

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.)

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.) ARTICLE 3 ADMINISTRATION

(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, …

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, e…

(a) The department shall administer the provisions of this chapter and all programs relating to state employment services and unemployment compensation. (b) The Commissioner may, at his or her discretion, create an Employment Security Agency and a director of such agency within t…

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 d…

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…

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, retrainin…

(a) 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 th…

(a) 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 t…

(a) 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 f…

(a) 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 othe…

(a) 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 chapt…

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 all…

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 co…

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 accou…

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…