reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 64 - REGULATION AND LICENSURE OF PHARMACY BENEFITS MANAGERS (§§ 33-64-1 — 33-64-13) › Section 33-64-8 - Electronic prior authorization drug requests with health care providers

(a)
As used in this Code section, "electronic prior authorization" or "e-prior authorization" means a requirement that a prescriber obtain approval via electronic media from a health plan to prescribe a specific medication prior to dispensing. Facsimiles shall not be considered an electronic submission under this Code section except in the event that such electronic media is temporarily unavailable due to system failure or outage.
(b)
No later than 24 months after the adoption of standards by the National Council of Prescription Drug Programs, the department shall under the direction of the Commissioner adopt standards by which the pharmacy benefits manager shall exchange standard e-prior authorization requests with health care providers for drugs and devices using electronic data interchange standards consistent with those adopted by the National Council of Prescription Drug Programs. Such standards shall support clinical workflow decision support of the physician provider.
(c)
No later than 24 months after the adoption of standards by the National Council of Prescription Drug Programs, e-prior authorization requests shall be accessible and submitted by providers to pharmacy benefits managers and health plans through secure electronic transmissions utilizing the current National Council of Prescription Drug Programs electronic prior authorization standard.
(d)
Nothing in this Code section shall require any health care provider to participate in e-prior authorization or electronic prior authorization in order to obtain the necessary authorization for patient care.
Added by 2012 Ga. Laws 751,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 64 - REGULATION AND LICENSURE OF PHARMACY BENEFITS MANAGERS (§§ 33-64-1 — 33-64-13) › Section 33-64-13 - Federal law governs

To the extent that any provision of this chapter is inconsistent or conflicts with applicable federal law, rule, or regulation, such applicable federal law, rule, or regulation shall apply.
Added by 2020 Ga. Laws 584,§ 8, eff. 7/1/2021.
Added by 2020 Ga. Laws 583,§ 8, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 65 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE (§§ 33-65-1 — 33-65-11) › Section 33-65-1 - Short title

This chapter shall be known and may be cited as the "Corporate Governance Annual Disclosure Act."
Added by 2019 Ga. Laws 315,§ 1, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 65 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE (§§ 33-65-1 — 33-65-11) › Section 33-65-2 - Definitions

As used in this chapter, the term:
(1)
"Corporate governance annual disclosure" means a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter.
(2)
"Insurance group" means those insurers and affiliates included within an insurance holding company system as defined in paragraph (7) of Code Section
33-13-1
.
(3)
"Insurer" has the same meaning as set forth in Code Section
33-1-2
, except that it shall not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.
(4)
"Own Risk and Solvency Assessment Summary Report" means the report filed in accordance with Article 2 of Chapter 13 of this title.
Added by 2019 Ga. Laws 315,§ 1, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 65 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE (§§ 33-65-1 — 33-65-11) › Section 33-65-4 - Issuance of rules, regulations, and orders

The Commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules, regulations, and orders as shall be necessary to carry out the provisions of this chapter.
Added by 2019 Ga. Laws 315,§ 1, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 65 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE (§§ 33-65-1 — 33-65-11) › Section 33-65-5 - Required information in corporate governance annual disclosures; additional information

(a)
The insurer or insurance group shall have discretion over the responses to the corporate governance annual disclosure inquiries, provided that the corporate governance annual disclosure shall contain the material information necessary to permit the Commissioner to gain an understanding of the insurer's or group's corporate governance structure, policies, and practices. The Commissioner may request additional information that he or she deems material and necessary to provide the Commissioner with a clear understanding of the corporate governance policies, the reporting or information system or controls implementing those policies.
(b)
Notwithstanding subsection (a) of this Code section, the corporate governance annual disclosure shall be prepared consistent with the Corporate Governance Annual Disclosure Regulation as promulgated by the Commissioner. Documentation and supporting information shall be maintained and made available upon examination or upon request of the Commissioner.
Added by 2019 Ga. Laws 315,§ 1, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 65 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE (§§ 33-65-1 — 33-65-11) › Section 33-65-8 - Failure to file corporate governance annual disclosures; penalty

Any insurer failing, without just cause, to timely file the corporate governance annual disclosure as required in this chapter shall be required, after notice and hearing, to pay a penalty of $100.00 for each day's delay, to be recovered by the Commissioner, and the penalty so recovered shall be paid into the general fund of the state treasury. The maximum penalty under this Code section is $10,000.00. The Commissioner may reduce the penalty if the insurer demonstrates to the Commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
Added by 2019 Ga. Laws 315,§ 1, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 65 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE (§§ 33-65-1 — 33-65-11) › Section 33-65-9 - Severability

If any provision of this chapter other than Code Section
33-65-6
, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter, with the exception of Code Section
33-65-6
, are severable.
Added by 2019 Ga. Laws 315,§ 1, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 65 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE (§§ 33-65-1 — 33-65-11) › Section 33-65-10 - Application

The requirements of this chapter shall apply to all insurers domiciled in this state.
Added by 2019 Ga. Laws 315,§ 1, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 65 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE (§§ 33-65-1 — 33-65-11) › Section 33-65-11 - First filing requirement

The first filing of the corporate governance annual disclosure shall be in 2020.
Added by 2019 Ga. Laws 315,§ 1, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 66 - [DATA ANALYSIS FOR TORT REFORM] (§§ 33-66-1 — 33-66-8) › Section 33-66-1 - [Repealed Effective 1/1/2030] [Definitions]

As used in this chapter, the term:
(1)
"Data" means any qualitative or quantitative information related to tort claims and tort claim liability collected or stored by an insurer or insurance rating organization, including but not limited to actuarial information.
(2)
"Report" means the report provided for in Code Sections 33-66-6 and 33-66-7.
(3)
"Tort claim" means any legal claim seeking damages for the violation of a private legal right other than mere breach of contract, whether express or implied.
(4)
"Tort liability insurance" means a contract of insurance under which an insurer agrees to pay on behalf of an insured damages that the insured is obligated to pay to a third party due to a tort claim by such third party. Such term shall include but not be limited to liability insurance as provided for in paragraph (1) of Code Section
33-7-3
, malpractice insurance as provided for in paragraph (8) of Code Section
33-7-3
, and vehicle insurance as provided for in Code Section
33-7-9
.
(5)
"Tort reform legislation" means laws enacted after July 1, 2024, designed to change the laws of the civil justice system so that tort litigation and damages are reduced and designated as such by the Commissioner.
Added by 2024 Ga. Laws 407,§ 3, eff. 4/22/2024.
See 2024 Ga. Laws 407, § 2.
See 2024 Ga. Laws 407, § 1.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 66 - [DATA ANALYSIS FOR TORT REFORM] (§§ 33-66-1 — 33-66-8) › Section 33-66-2 - [Repealed Effective 1/1/2030] [Scope; request for data; exemptions]

(a)
This chapter shall apply to all insurers, including but not limited to stock and mutual companies, surplus lines, nonadmitted insurers, reciprocal and interinsurance exchanges, and all licensees that under any laws of this state write or in any way provide for tort liability insurance, and to rating organizations serving such insurers.
(b)
The Commissioner may request data from any insurer to which this chapter applies through the Commissioner's examination authority pursuant to Code Section
33-2-11
, and in any report required under Chapter 3 of this title or any required filing under Chapter 9 of this title, or under any other authority granted to the Commissioner pursuant to this title.
(c)
The Commissioner may, by rule, regulation, or order, exempt certain insurers or certain kinds of insurance from the requirements of this chapter.
Added by 2024 Ga. Laws 407,§ 3, eff. 4/22/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 66 - [DATA ANALYSIS FOR TORT REFORM] (§§ 33-66-1 — 33-66-8) › Section 33-66-3 - [Repealed Effective 1/1/2030] [Request for data from licensed organization]

(a)
The Commissioner may request data from any licensed rating organization through the Commissioner's examination authority pursuant to Code Section
33-9-22
.
(b)
The Commissioner may consult with any state agency as the Commissioner deems necessary, and the Commissioner shall have authority to request any data from such state agency necessary to produce the reports described in Code Sections 33-66-6 and 33-66-7, unless such access is otherwise prohibited by law.
Added by 2024 Ga. Laws 407,§ 3, eff. 4/22/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 66 - [DATA ANALYSIS FOR TORT REFORM] (§§ 33-66-1 — 33-66-8) › Section 33-66-4 - [Repealed Effective 1/1/2030] [Confidentiality]

(a)
Documents, materials, or other information in the possession or control of the department under this chapter shall be confidential by law and privileged as provided for in Code Sections
33-2-14
,
33-9-14
, and
33-62-3
. Such documents, materials, or other information shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.
(b)
Neither the Commissioner nor any person who receives confidential or privileged documents, materials, or other information while acting under the authority of the Commissioner or with whom such documents, materials, or other information are shared pursuant to this chapter shall be permitted or required to testify in any private civil action concerning any such confidential or privileged documents, materials, or other information subject to subsection (a) of this Code section.
(c)
No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or other information shall occur as a result of the Commissioner submitting a report as provided for in Code Section
33-6-6
or Code Section 33-66-7.
Added by 2024 Ga. Laws 407,§ 3, eff. 4/22/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 66 - [DATA ANALYSIS FOR TORT REFORM] (§§ 33-66-1 — 33-66-8) › Section 33-66-5 - [Repealed Effective 1/1/2030] [Request for data from insurers, licensed rating organizations, and state agencies for Commissioner to make findings regarding impact of tort lawsuits and assessment of tort related risks]

(a)
No later than July 1, 2024, and as often as necessary through July 1, 2029, the Commissioner shall request data from insurers, licensed rating organizations, and state agencies for the Commissioner to make findings regarding the impact of tort lawsuits and the assessment of tort related risks. The Commissioner may allow for the confidential submission of such requested data via electronic means.
(b)
The data requested from insurers as provided for in subsection (a) of this Code section shall be limited to data in existence on or after January 1, 2019, and shall include but not be limited to:
(1)
The number of tort lawsuits filed against the insured of an insurer;
(2)
The total attorneys' fees and court costs for such tort lawsuits; and
(3)
The total value of the incurred claims from any tort lawsuits.
(c)
The Commissioner shall request from any relevant insurer a supplemental actuarial analysis of the risks due to tort litigation that were considered in issuing a statement of actuarial opinion either at the time of submission of the statement of actuarial opinion or within one year following such submission.
(d)
The Commissioner shall request that any filings with the department made by any relevant insurer reflect the impact indicated, if any, due to the effect of the applicable provisions of any tort reform legislation enacted after July 1, 2024, in a manner prescribed by the Commissioner.
Added by 2024 Ga. Laws 407,§ 3, eff. 4/22/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 66 - [DATA ANALYSIS FOR TORT REFORM] (§§ 33-66-1 — 33-66-8) › Section 33-66-6 - [Repealed Effective 1/1/2030] [Analysis of data and determinations regarding assessment of tort related risks by insurers]

(a)
The Commissioner shall analyze the data submitted pursuant to this chapter and make certain determinations regarding the assessment of tort related risks by insurers, including but not limited to:
(1)
The degree to which tort related risk is reflected in insurance premiums;
(2)
The specific aspects of tort related risk that have the largest monetary impact on insurance premiums; and
(3)
The potential impact of any changes to tort law on the portion of insurance premiums that reflect tort related risk.
(b)
The Commissioner shall generate an initial report utilizing the items listed in subsection (a) of this Code Section and any data or information necessary to support such determinations. The report may analyze any data in the Commissioner's possession, any data gathered pursuant to this chapter, and any other data submitted to the Commissioner. The Commissioner may summarize, aggregate, or otherwise make anonymous the documents, materials, or other information in the possession or control of the department so that any information or data contained in the report shall not be attributable to any specific insurer.
(c)
No later than November 1, 2024, the Commissioner shall submit the initial report provided for in subsection (b) of this Code section to the Governor's Office, the House Committee on Insurance, and the Senate Insurance and Labor Committee.
Added by 2024 Ga. Laws 407,§ 3, eff. 4/22/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 66 - [DATA ANALYSIS FOR TORT REFORM] (§§ 33-66-1 — 33-66-8) › Section 33-66-7 - [Repealed Effective 1/1/2030] [Subsequent report]

(a)
The Commissioner shall generate a subsequent report in substantially similar form to the initial report provided for in Code Section 33-66-6, and such subsequent report shall include but not be limited to:
(1)
Historic and predictive trends based on submitted data;
(2)
The effects of any enacted tort reform legislation; and
(3)
Any further determinations or recommendations for legislative action.
(b)
No later than November 1, 2029, the Commissioner shall submit the subsequent report provided for in subsection (a) of this Code section to the Governor's Office, the House Committee on Insurance, and the Senate Insurance and Labor Committee.
Added by 2024 Ga. Laws 407,§ 3, eff. 4/22/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 66 - [DATA ANALYSIS FOR TORT REFORM] (§§ 33-66-1 — 33-66-8) › Section 33-66-8 - [Repealed Effective 1/1/2030] [Repealer]

This chapter shall stand repealed in its entirety on January 1, 2030.
Added by 2024 Ga. Laws 407,§ 3, eff. 4/22/2024.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 1 - GENERAL PROVISIONS (§§ 34-1-1 — 34-1-10) › Section 34-1-1 - [Transferred and Reserved]

Transferred and reserved by 2012 Ga. Laws 755,§ 6, 7, eff. 5/2/2012. See, now, § 25-15-110.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 1 - GENERAL PROVISIONS (§§ 34-1-1 — 34-1-10) › Section 34-1-2 - Prohibition of age discrimination in employment

(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 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.
(b)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 1 - GENERAL PROVISIONS (§§ 34-1-1 — 34-1-10) › Section 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

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 1 - GENERAL PROVISIONS (§§ 34-1-1 — 34-1-10) › Section 34-1-4 - Employer immunity for disclosure of information regarding job performance

(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, partnership, limited liability partnership, sole proprietorship, association, or government entity.
(b)
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.
Amended by 2001 Ga. Laws 2, § 34, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 1 - GENERAL PROVISIONS (§§ 34-1-1 — 34-1-10) › Section 34-1-5 - "Multiracial" classification required on forms

(a)
As used in this Code section, the term "multiracial" means having parents of different races.
(b)
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."
(c)
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.
(d)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 1 - GENERAL PROVISIONS (§§ 34-1-1 — 34-1-10) › Section 34-1-6 - Employer obligation to provide time for women to express breast milk for infant child

(a)
As used in this Code section, the term "employer" means any person or entity that employs one or more employees; provided, however, that such term shall not include the state and its political subdivisions.
(b)
(1)
An employer shall provide break time of a reasonable duration to an employee who desires to express breast milk at the worksite during work hours.
(2)
Any break time provided for under this Code section shall be paid at the employee's regular rate of compensation. If the employee is paid on a salary basis, the employer shall neither require the salaried employee to use paid leave during any break time nor reduce the employee's salary as a result of the salaried employee taking a break to express breast milk during the workday.
(3)
No employer shall be required to provide paid break time to an employee on any day that the employee is working away from any of the employer's worksites.
(4)
The employer shall provide a private location, other than a restroom, where such employee can express breast milk in privacy at the worksite.
(c)
An employer that employs fewer than 50 employees shall not be subject to any requirement of this Code section that would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business.
Amended by 2020 Ga. Laws 595,§ 1-1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 1 - GENERAL PROVISIONS (§§ 34-1-1 — 34-1-10) › Section 34-1-8 - Veterans' preference employment policy; use not a violation

(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 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.
(b)
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.
(c)
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.
Added by 2015 Ga. Laws 92,§ 2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 1 - GENERAL PROVISIONS (§§ 34-1-1 — 34-1-10) › Section 34-1-9 - Franchisee nor franchisee's employee shall be deemed to be employee of franchisor; applicability

(a)
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.
(b)
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.
(c)
This Code section shall not apply to Chapter 9 of this title.
Added by 2016 Ga. Laws 526,§ 2, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 1 - GENERAL PROVISIONS (§§ 34-1-1 — 34-1-10) › Section 34-1-10 - Use of sick leave for care of immediate family members

(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) 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.
(b)
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.
(c)
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.
(d)
Nothing in this Code section shall be construed to create a new cause of action against an employer.
(e)
This Code section shall not apply to any employer that offers to their employees an employee stock ownership plan.
Amended by 2023 Ga. Laws 90,§ 1, eff. 5/1/2023.
Amended by 2020 Ga. Laws 378,§ 1, eff. 6/29/2020.
Added by 2017 Ga. Laws 203,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 34-2-3 - Election, term of office, compensation, removal, and duties of Commissioner of Labor

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 34-2-4 - Establishment by Commissioner of divisions within Department of Labor; appointment, fixing of salaries and duties, and removal of employees

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 34-2-5 - Office of Department of Labor to be maintained by Commissioner; payment of office expenses; lease or rental of unused office space

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 34-2-10 - Employer's duty with respect to provision of safe employment generally

(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 shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees.
(b)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 34-2-13 - Penalties for violations of chapter and for false statements under oath

(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 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.
(b)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 2 - DEPARTMENT OF LABOR (§§ 34-2-1 — 34-2-16) › Section 34-2-16 - Service on Commissioner of Labor or the Department of Labor

Unless otherwise provided by law, all legal documents to be served on the Commissioner of Labor or the Department of Labor shall be served at Georgia Department of Labor, Legal Section, Suite 600, 148 Andrew Young International Boulevard, N.E., Atlanta, Georgia 30303-1751:
(1)
By certified mail or statutory overnight delivery, return receipt requested;
(2)
By hand delivery; or
(3)
In a manner prescribed by law for service of process.
Added by 2021 Ga. Laws 289,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 3 - HOURS OF LABOR IN FACTORIES (§§ 34-3-1 — 34-3-4) › 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.
Amended by 2002 Ga. Laws 787, § 4, eff. 7/1/2002.
Amended by 2002 Ga. Laws 952, § 11, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 3 - HOURS OF LABOR IN FACTORIES (§§ 34-3-1 — 34-3-4) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 3 - HOURS OF LABOR IN FACTORIES (§§ 34-3-1 — 34-3-4) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 3 - HOURS OF LABOR IN FACTORIES (§§ 34-3-1 — 34-3-4) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 4 - MINIMUM WAGE LAW (§§ 34-4-1 — 34-4-6) › Section 34-4-1 - Short title

This chapter shall be known and may be cited as the "Georgia Minimum Wage Law."
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 4 - MINIMUM WAGE LAW (§§ 34-4-1 — 34-4-6) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 4 - MINIMUM WAGE LAW (§§ 34-4-1 — 34-4-6) › Section 34-4-3 - Amount of minimum wage to be paid by employers; employers and employees covered by chapter

(a)
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.
(b)
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.
(c)
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.
Amended by 2001 Ga. Laws 32, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 4 - MINIMUM WAGE LAW (§§ 34-4-1 — 34-4-6) › Section 34-4-4 - Authority of Commissioner to grant exemptions from operation of chapter

(a)
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.
(b)
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.