reglab/statecodes huggingface dataset:
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 34-4-5 - 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.
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 34-4-6 - 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 5 - SEX DISCRIMINATION IN EMPLOYMENT (§§ 34-5-1 — 34-5-7) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 5 - SEX DISCRIMINATION IN EMPLOYMENT (§§ 34-5-1 — 34-5-7) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 5 - SEX DISCRIMINATION IN EMPLOYMENT (§§ 34-5-1 — 34-5-7) › Section 34-5-3 - Prohibition of discriminatory wage differentials; penalty for discharge of or discrimination against complainant

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 5 - SEX DISCRIMINATION IN EMPLOYMENT (§§ 34-5-1 — 34-5-7) › Section 34-5-4 - Powers and authority of Commissioner under chapter

(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 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.
(b)
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.
(c)
The Commissioner shall have the authority to issue such rules and regulations appropriate to the carrying out of this chapter.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 5 - SEX DISCRIMINATION IN EMPLOYMENT (§§ 34-5-1 — 34-5-7) › Section 34-5-5 - Collection of unpaid wages by aggrieved employee; attorney's fee; when action may be commenced

(a)
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.
(b)
Court action under this Code section may be commenced no later than one year after the cause of action accrues.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 5 - SEX DISCRIMINATION IN EMPLOYMENT (§§ 34-5-1 — 34-5-7) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 5 - SEX DISCRIMINATION IN EMPLOYMENT (§§ 34-5-1 — 34-5-7) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 5A - SEXUAL HARASSMENT IN GOVERNMENT WORKPLACES (§§ 34-5A-1 — 34-5A-2) › Section 34-5A-1 - Sexual harassment defined

As used in this chapter, the term "sexual harassment" means sexual advances, requests for sexual favors, sexual or sex-based conduct, or any other unwelcome and offensive conduct of a sexual nature where:
(A)
Submission to the conduct involved is made, implicitly or explicitly, a term or condition of work;
(B)
Submission to or rejection of the conduct is used as the basis for a personnel decision affecting the individual's work; or
(C)
Such conduct creates an intimidating, hostile, or offensive work environment, provided that an intimidating, hostile, or offensive work environment is not created when the conduct does not rise above the level of what a reasonable person would consider merely tactless, inconsiderate, overfamiliar, or otherwise impolite, particularly with regard to the totality of the circumstances.
Added by 2022 Ga. Laws 779,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 5A - SEXUAL HARASSMENT IN GOVERNMENT WORKPLACES (§§ 34-5A-1 — 34-5A-2) › Section 34-5A-2 - Actions for retaliation by county, municipal, or consolidated government employees

(a)
Any individual working for a county, municipality, or consolidated government as an employee or in a similar capacity shall have a cause of action for retaliation against the county, municipality, or consolidated government if such county, municipality, or consolidated government has discharged, suspended, demoted, or taken any other adverse action against the individual in the terms or conditions of the work relationship because the individual has:
(1)
Opposed sexual harassment;
(2)
Made a report or a charge, or filed any complaint related to sexual harassment;
(3)
Instituted or caused to be instituted, assisted, or participated in any manner in any investigation, proceeding, hearing, or action related to sexual harassment; or
(4)
Provided information, testified, or is known by the county, municipality, or consolidated government to be planning to testify in any manner in any such investigation, proceeding, hearing, or action related to sexual harassment.
(b)
Such individual may institute such a civil action in accordance with the provisions of paragraph (1) of subsection (e) of Code Section
45-1-4
, and a court may order any or all of the relief described in paragraph (2) of subsection (e) and subsection (f) of Code Section
45-1-4
.
(c)
Nothing in this Code section shall be interpreted to prohibit the county, municipality, or consolidated government from taking appropriate corrective or remedial action against any individual who it determines has engaged in or facilitated sexual harassment.
Added by 2022 Ga. Laws 779,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 1 - GENERAL PROVISIONS (§§ 34-6-1 — 34-6-8) › Section 34-6-1 - Requirement of notice by labor organization before strike; penalty

(a)
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.
(b)
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.
(c)
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.
(d)
Any person violating any of the provisions of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 1 - GENERAL PROVISIONS (§§ 34-6-1 — 34-6-8) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 1 - GENERAL PROVISIONS (§§ 34-6-1 — 34-6-8) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 1 - GENERAL PROVISIONS (§§ 34-6-1 — 34-6-8) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 1 - GENERAL PROVISIONS (§§ 34-6-1 — 34-6-8) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 1 - GENERAL PROVISIONS (§§ 34-6-1 — 34-6-8) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 1 - GENERAL PROVISIONS (§§ 34-6-1 — 34-6-8) › Section 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
.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 1 - GENERAL PROVISIONS (§§ 34-6-1 — 34-6-8) › Section 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

(a)
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.
(b)
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.
(c)
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.
(d)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 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.
Amended by 2013 Ga. Laws 192,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 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:
(A)
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;
(B)
Refuse to release sensitive and private employee information beyond the requirements of federal labor laws;
(C)
Maintain the confidentiality of employee information to the maximum extent allowed by federal labor laws; and
(D)
Restrict access to its property or business to the maximum extent allowed by federal labor laws.
Added by 2013 Ga. Laws 192,§ 2, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 34-6-21 - Membership in or resignation from labor organization as condition of employment or continuation of employment; application of federal law

(a)
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.
(b)
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.
(c)
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.
(d)
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.
Amended by 2013 Ga. Laws 192,§ 3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 34-6-25 - Deductions from employees' earnings of fees of labor organizations; exceptions

(a)
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.
(b)
Nothing in this Code section shall be construed to impair any contract, agreement, or collective bargaining agreement in existence prior to July 1, 2013.
(c)
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.
Amended by 2013 Ga. Laws 192,§ 4, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 34-6-26 - Contracts allowing deductions from employees' earnings of fees of labor organizations

(a)
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.
(b)
Nothing in this Code section shall be construed to impair any contract, agreement, or collective bargaining agreement in existence prior to July 1, 2013.
Amended by 2013 Ga. Laws 192,§ 5, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6 - LABOR ORGANIZATIONS AND LABOR RELATIONS (§§ 34-6-1 — 34-6-28) › Article 2 - MEMBERSHIP IN LABOR ORGANIZATIONS (§§ 34-6-20 — 34-6-28) › Section 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
.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6A - EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES (§§ 34-6A-1 — 34-6A-6) › Section 34-6A-1 - Short title

This chapter shall be known and may be cited as the "Georgia Equal Employment for Persons With Disabilities Code."
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6A - EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES (§§ 34-6A-1 — 34-6A-6) › Section 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:
(A)
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
(B)
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.
Amended by 2015 Ga. Laws 70,§ 4-16, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6A - EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES (§§ 34-6A-1 — 34-6A-6) › Section 34-6A-3 - Inquiries by employer as to existence of disability; employment decisions based on disability

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6A - EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES (§§ 34-6A-1 — 34-6A-6) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 6A - EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES (§§ 34-6A-1 — 34-6A-6) › Section 34-6A-6 - Actions against persons engaged in unfair employment practices; remedies, court costs, and attorneys' fees

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 7 - MASTER AND SERVANT (§§ 34-7-1 — 34-7-48) › Article 1 - GENERAL PROVISIONS (§§ 34-7-1 — 34-7-6) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 7 - MASTER AND SERVANT (§§ 34-7-1 — 34-7-48) › Article 1 - GENERAL PROVISIONS (§§ 34-7-1 — 34-7-6) › Section 34-7-2 - Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer

(a)
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.
(b)
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, upon the discretion of such person, firm, or corporation, 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)
By credit to a payroll card account; or
(4)
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.
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.
(c)
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 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.
Amended by 2019 Ga. Laws 185,§ 3, eff. 5/6/2019.
Amended by 2015 Ga. Laws 85,§ 1, eff. 5/5/2015.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 7 - MASTER AND SERVANT (§§ 34-7-1 — 34-7-48) › Article 1 - GENERAL PROVISIONS (§§ 34-7-1 — 34-7-6) › Section 34-7-3 - Requirements where wages paid by written instrument; effect of protest or dishonor

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 7 - MASTER AND SERVANT (§§ 34-7-1 — 34-7-48) › Article 1 - GENERAL PROVISIONS (§§ 34-7-1 — 34-7-6) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 7 - MASTER AND SERVANT (§§ 34-7-1 — 34-7-48) › Article 1 - GENERAL PROVISIONS (§§ 34-7-1 — 34-7-6) › Section 34-7-6 - Professional employer organizations; rights, powers, and responsibilities

(a)
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.
(b)
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.
(c)
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.
(d)
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
.