Title 34 — Title 34
0 chapters · 240 sections in this title.
O.C.G.A. § 34-1-1 Redesignated
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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, redes- ignated former Code Section 34-1-1 as present Code Section 25-15-110. 34-1-2. Prohibition of age discrimination in employment.
O.C.G.A. § 34-1-10 Use of sick leave for care of immediate family members
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(a) 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) …
O.C.G.A. § 34-1-2 Prohibition of age discrimination in employment
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(a) 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 indiv…
O.C.G.A. § 34-1-3 Glover v
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Scott, 210 Ga. App. 25, 435 S.E.2d 250 (1993).
O.C.G.A. § 34-1-4 Employer immunity for disclosure of information regarding job performance
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(a) 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, partners…
O.C.G.A. § 34-1-7 Law reviews
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— For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U.L. Rev. 80 (1998). 1547 T.17, C.18 CRIMINAL PROCEDURE 17-18-2 CHAPTER 18 WRITTEN STATEMENTS OF INFORMATION TO VICTIMS OF RAPE OR FORCIBLE SODOMY Sec. 17-18-1. Duty of certain officials to offer wri…
O.C.G.A. § 34-1-8 Veterans’ preference employment policy; use not a violation
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(a) 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 act…
O.C.G.A. § 34-2-1 Creation of Department of Labor
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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.)
O.C.G.A. § 34-2-10 Employer’s duty with respect to provision of safe employment generally
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(a) 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 …
O.C.G.A. § 34-2-11 Employer’s duty to keep records
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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 f…
O.C.G.A. § 34-2-13 Penalties for violations of chapter and for false statements under oath
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(a) 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 24 34-2-14 of this chapter for which no penalty has been otherwise prov…
O.C.G.A. § 34-2-14 Authorization to establish and administer pretrial intervention programs
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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 Georgi…
O.C.G.A. § 34-2-2 Definitions
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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…
O.C.G.A. § 34-2-6 Specific powers and duties of Commissioner
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(a) 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 otherwis…
O.C.G.A. § 34-2-7 Creation of Department of Labor
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Definitions. Election, term of office, compensation, removal, and duties of Commissioner of Labor. Establishment by Commissioner of divisions within Department of Labor; appointment, fixing of salaries and duties, and removal of employees. Office of Department of Labor to be main…
O.C.G.A. § 34-2-9 Preparation by Commissioner of annual report and recommendations
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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 Commissio…
O.C.G.A. § 34-3-1 Hours of labor in cotton or woolen manufacturing establishments
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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 r…
O.C.G.A. § 34-3-4 Penalties for violations of chapter
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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 C…
O.C.G.A. § 34-4-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Minimum Wage Law.’’ (Ga. L. 1970, p. 153, § 1.)
O.C.G.A. § 34-4-2 Short title
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Administration and enforcement of chapter by Commissioner of Labor. 34-4-3. Amount of minimum wage to be paid by employers; employers and employees covered by chapter. 34-4-3.1. Wages and employment benefits by local government entities.
O.C.G.A. § 34-4-3.1 Wages and employment benefits by local government entities
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Sec. 34-4-4. 34-4-5. 34-4-6. Authority of Commissioner to grant exemptions from operation of chapter. Employer’s records of hours worked by and wages paid to employees. Action to recover difference where employee paid less than minimum wage.
O.C.G.A. § 34-5-2 Definitions
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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 indi…
O.C.G.A. § 34-5-4 Powers and authority of Commissioner under chapter
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(a) 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 comp…
O.C.G.A. § 34-5-7 Posting of law by employers
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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 ch…
O.C.G.A. § 34-6-20 Definitions
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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 State…
O.C.G.A. § 34-6-20.1 Statement of rights under federal law
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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 State…
O.C.G.A. § 34-6-23 Contracts contrary to public policy
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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 63 34-6-24 affiliate of a labor organization or that any individual pay any fee, asses…
O.C.G.A. § 34-6-26 Law reviews
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— For article discussing right of Georgia public employees to organize into labor unions, bargain collec- tively, and engage in concerted activity, see 4 Ga. L. Rev. 110 (1969).
O.C.G.A. § 34-6-3 Unlawful assemblages near site of labor dispute
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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 vo…
O.C.G.A. § 34-6-4 Interference with lawful exercise of business activity
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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 bu…
O.C.G.A. § 34-6A-1 Short title
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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.)
O.C.G.A. § 34-6A-2 Definitions
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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) ‘‘Em…
O.C.G.A. § 34-6A-4 Prohibited discriminatory activities
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(a) 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 disabilit…
O.C.G.A. § 34-6A-5 Retaliation by employers against employees; labor organization members
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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, assis…
O.C.G.A. § 34-7-1 Fortenberry v
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Haverty Furn. Cos., 176 Ga. App. 360, 335 S.E.2d 460 (1985); Ikemiya v. Shibamota Am., Inc., 213 Ga. App. 271, 444 S.E.2d 351 (1994). Period of employment deemed indefinite. — Promise to employ a person until the employer becomes insolvent is an offer of employment for an indefin…
O.C.G.A. § 34-7-21 Liability of employer for coemployees’ negligence
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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 18…
O.C.G.A. § 34-7-42 Contributory negligence of employee
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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 injuri…
O.C.G.A. § 34-7-46 Limitation period for institution of action
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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.)
O.C.G.A. § 34-7-48 Cross references
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— Employer’s duty to keep records, § 34-2-11. 79 ‘‘Common carrier’’ defined. Liability of common carrier by railroad for personal injury or death of employee generally. Contributory negligence of employee. Assumption of risk where employer is contributorily negligent. Employer ex…
O.C.G.A. § 34-7-6 Professional employer organizations; rights, powers, and responsibilities
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34-7-46. 34-7-47. Article 2 Employer’s Liability for Injuries Generally 34-7-20. Care by employer in selection of employees and in furnishing of safe machinery; employer’s duty to warn. Liability of employer for coemployees’ negligence. Contracts exempting employer from liability…
O.C.G.A. § 34-8-1 Short title
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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 G…
O.C.G.A. § 34-8-120 Legislative intent
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(a) 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…
O.C.G.A. § 34-8-122 Code Commission notes
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— Pursuant to Code Section 28-9-5, in 2003, ‘‘this article’’ was substituted for ‘‘Article 11 of this chapter’’ in subsection (a).
O.C.G.A. § 34-8-129 Disclosure of information or records when identifying information deleted
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34-8-130. Prevention of fraud and abuse of the Unemployment Trust Fund. Article 5 Contributions and Payments in Lieu of Contributions 34-8-150. Payment of contributions by employers; deferral of de minimis amounts. 34-8-151. Rate of employer contributions.
O.C.G.A. § 34-8-151 Rate of employer contributions
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(a) 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 ca…
O.C.G.A. § 34-8-152 Standard rate
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(a) 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. (b) No employer’s rate shall be reduced below the rate for new employers as specified in Co…
O.C.G.A. § 34-8-154 Separate accounts
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Except as provided in Code Section 34-8-161, the Commissioner shall maintain a separate account for each employer and shall credit such account with all the contributions paid by that employer. Nothing in this chapter shall be construed to grant any employer or individuals in the…
O.C.G.A. § 34-8-155 Benefit experience; variations from standard rate
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(a) Employers shall be classified in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts so that contribution rates will reflect such experience. Employer rates shall be computed based on each employe…
O.C.G.A. § 34-8-156 State-wide Reserve Ratio; reduction in tax rate
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(a) A State-wide Reserve Ratio shall be computed as of June 30 of each year by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. Any amount credited to the state’s account under Sect…
O.C.G.A. § 34-8-157 Regular benefits paid to be charged against experience rating account
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(a) Regular benefits paid with respect to all benefit years that begin on or after January 1, 1992, but prior to July 1, 2015, shall be charged against the experience rating account or reimbursement account of employers in the following manner: (1) Benefits paid shall be charged …