reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-5 - APPEALS › Rule 300-2-5-.03 - Appeals to the Board of Review

Current through Rules and Regulations filed through June 27, 2024
(1) The appeal. Any party authorized by the
				Employment Security Law to appeal to the board of review may do so in person by
				filing with the local office of the department where the claim was filed, a
				"Notice of Appeal", on Form DOL-423, setting forth the information required, or
				by writing to the department.
(2)
				The review.
(a) All appeals to the board of
				review shall be decided upon the evidence in the record made before the
				administrative hearing officer.
(b)
				In the review of an appeal, the board of review may limit the parties to oral
				argument, or to filing of written briefs or both.
(c) If, in the discretion of the board of
				review, additional evidence is deemed necessary to enable it to determine the
				appeal, the board on its own motion, shall remand the case to the Chief
				Administrative Hearing Officer for the taking of such additional evidence and
				the parties shall be notified as to the time and place such evidence shall be
				taken. Any party to any proceeding in which testimony is to be taken may
				present and cross-examine whatever evidence may be deemed pertinent to the
				issues on which the board of review has directed the taking of additional
				evidence. Upon the completion of the taking of evidence by the administrative
				hearing officer, the appeal shall be returned to the board of review, unless
				the administrative hearing officer is directed to render a new decision in the
				light of the additional evidence.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-5 - APPEALS › Rule 300-2-5-.04 - General Rules for Appeals to an Administrative Hearing Officer and Board of Review Appeals

Current through Rules and Regulations filed through June 27, 2024
(1) Attorney fees. Counsel for claimant
				shall, upon application and approval by the board of review, be authorized to
				charge and receive from the claimant, for an appearance before either an
				appeals tribunal or the board of review, a fee in an amount not to exceed
				$300.00 for each appearance; provided that for an appearance before the board
				of review which required counsel to travel a distance of more than twenty-five
				(25) miles, an additional amount may be authorized by the board. Provided,
				further, that the total allowance authorized on any claim shall not be in
				excess of fifty percent (50%) of the amount involved in the claim. Only for
				good cause shown to the satisfaction of the board of review may an allowance in
				excess of these amounts be approved.
(2) Supplying information from the
				department. Information from the records of the department to the extent
				necessary for the proper presentation of a claim before an administrative
				hearing officer or the board of review shall be available to the interested
				parties upon request. Any interested party may have access to the information
				in the records pertinent to the claim or claims to the extent of reviewing the
				file or files. The department shall release the entire file whenever a case is
				taken to court, but shall not be compelled to release a copy or permit the
				copying of any confidential or privileged communications prior to such
				proceedings in a court of record. Copies may be obtained only as otherwise
				provided in Section
				 300-2-6-.02  of these
				rules.
(3) Representation before
				appeals tribunals and board of review.
(a) Any
				individual may appear in person in any proceeding before any appeals tribunal
				or before the board of review. A partnership may be represented by any member.
				A corporation or association may be represented by any of its officers or
				agents. Any party may be represented by counsel or any agent of their choice,
				as provided in OCGA Section
				  34-8-251.
(b) Appearance before the board of review on
				behalf of the department shall be limited to members of the staff designated by
				the Commissioner.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-5 - APPEALS › Rule 300-2-5-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-5 - APPEALS › Rule 300-2-5-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-70,  34-8-123(c)(4),  34-8-174.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-5 - APPEALS › Rule 300-2-5-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Acts 1937, p. 806;
				 1950, p. 38 (Ga. Code Ann. 54-631).
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-6 - RECORDS › Rule 300-2-6-.01 - Employer Records

Current through Rules and Regulations filed through June 27, 2024
Each employing unit shall maintain such records as is
				 hereinafter required and shall preserve such records for a period of not less
				 than four (4) years after the calendar year in which the remuneration with
				 respect to such services was paid or if not paid, was due. For each individual
				 engaged in employment the following information shall be maintained by the
				 employing unit:
(a) Name;
(b) Social Security Number;
(c) State or states in which the services are
				performed; and if any of such services are performed outside this state and are
				not incidental to the service within the state, the employee's base of
				operations (or if there is no base of operations, then the place from which
				such services are directed or controlled) and the employee's residence (by
				state);
(d) Date on which the
				individual was hired, rehired or returned to work after temporary layoff, and
				date separated from work and reason therefor;
(e) Remuneration paid for services and date
				of payment, showing separately:
1. Cash
				remuneration, including special payments (such as bonuses, gifts,
				etc.);
2. Remuneration in any
				medium other than cash (determined in accordance with the rules or regulations
				prescribed by the Commissioner), including special payments (such as bonuses,
				gifts, etc.).
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-6 - RECORDS › Rule 300-2-6-.03 - Access to Records by Public Officials

Current through Rules and Regulations filed through June 27, 2024
Governmental agencies may be provided access to confidential
				 unemployment benefit or wage data only upon full compliance with the provisions
				 of Code Section
				  34-8-125 and  Rule
				  300-2-6-.02, including provisions
				 regarding fees and copy costs. Any governmental agency requesting access to
				 such confidential data on an ongoing basis must enter into a data sharing
				 agreement with the department with at least the following terms and conditions
				 of the disclosure of information.
(a) A
				description of the specific information to be furnished and the purposes for
				which the information is sought;
(b) A statement that those who request or
				receive information under the agreement will be limited to those with a need to
				access it for purposes listed in the agreement;
(c) The methods and timing of requests for
				information and responses to those requests, including the format to be
				used;
(d) Provision for paying the
				department for any costs of furnishing information;
(e) Provision for safeguarding the
				information disclosed;
(f) A
				requirement that the information requested and received under the agreement may
				not be disclosed or redisclosed to any other individual, agency, or
				entity;
(g) A provision identifying
				contacts with full contact information for both the proposed use of the
				information and security of the information received;
(h) A requirement to notify the department
				immediately upon receipt of any request to disclose or redisclose the
				information received from the department, including but not limited to any
				court order, subpoena, civil litigation discovery request, request for
				production of documents, notice to produce, or similar compulsory process, all
				of which requests shall be subject to Rule
				 300-2-6-.02(5);
				and
(i) Provision for on-site
				inspections of the agency, entity, or contractor, to assure that the
				requirements of the State's law and the agreement or contract required by this
				rule are being met.
(j) The
				requirements of subparagraphs (a) through (i) of this rule with respect to
				disclosures on an ongoing basis do not apply to disclosures of UC information
				to a Federal agency which the U. S. Department of Labor has determined, by
				notice published in the Federal Register, to have in place safeguards adequate
				to satisfy the confidentiality requirement of Section 303(a)(1) of the Social
				Security Act and an appropriate method of paying or reimbursing the state
				unemployment insurance agency (which may include a reciprocal cost arrangement)
				for costs involved in such disclosures. Such determinations will be published
				in the Federal Register.
O.C.G.A. Secs.
				  34-8-70,  34-8-120.  20 CFR 603
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-6 - RECORDS › Rule 300-2-6-.04 - Contact by a Government Official About a Third-Party Claim

Current through Rules and Regulations filed through June 27, 2024
Should a government official or anyone representing or acting
				 on behalf of a government official other than a department employee or
				 contractor, contact the department on behalf of an employer or a claimant
				 concerning a pending claim for unemployment insurance benefits, then the
				 Commissioner, or the Commissioner's designee, in his/her sole discretion, shall
				 direct the department to notify the other party in such matter of the inquiry
				 by the government official and the name of the governmental office within five
				 (5) business days of receipt of the inquiry.
O.C.G.A.
				 §§
											34-2-6(a)(4),  34-8-70,  34-8-123.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.01 - Identification of Employees

Current through Rules and Regulations filed through June 27, 2024
(1) Each employer shall ascertain the correct
				social security number of each such individual employed by such
				employer.
(2) Each individual shall
				report to every employer for whom he is engaged in employment the individual's
				social security number and the individual's name exactly as shown on the
				account number card issued to the individual by the Social Security
				Administration. Each such employee who has not secured an account number shall
				file an application for an account number on Form SS-5,"Application for Social
				Security Number". The application shall be filed on or before the seventh day
				after the date on which the employee first performs employment for wages;
				except, the application shall be filed on or before the date the employee
				leaves the employer or employment, if such date precedes such seventh
				day.
(3) If the employee fails to
				comply with this requirement, the employer shall execute a Form
				SS-5,"Application for Social Security Account Number", giving all the
				information required thereon which is known or ascertainable by the employer.
				The completed Form SS- 5 shall be mailed to the nearest field office of the
				Social Security Administration.
(4)
				The employer, when forwarding completed Form SS-5 to the Social Security
				Administration, shall request notice of the number assigned to the
				employee.
(5) When for any reason
				an employee's name is changed, the employer shall require the employee to
				complete Form OANN-7003, "Employees Request for Change in Records". Completed
				Form OAAN-7003 shall be mailed to the nearest field office of the Social
				Security Administration.
(6) The
				employer shall report each employee's social security number in making any
				report required by the Georgia Department of Labor.
O.C.G.A. Secs.
				  34-8-70,  34-8-78, 34-8-113.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-70,  34-8-122,  34-8-153.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-70,  34-8-122,  34-8-123,  34-8-124,  34-8-153,  34-8-157.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-70,  34-8-122,  34-8-123,  34-8-124.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-70,  34-8-78,  34-8-122,  34-8-123.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.06 - Notices Required From Employers Furnishing Separation Information

Current through Rules and Regulations filed through June 27, 2024
(1) Employers are required to complete Form
				DOL-800, "Separation Notice", for each worker separated regardless of the
				reason for separation (except when mass separation Form DOL-402 and Form
				DOL-402A notices are filed).
(a) The
				"Separation Notice" must be completed, signed by the employer or authorized
				agent, dated and delivered to the separated employee in electronic or hard copy
				format on the last day of work in accordance with printed instructions on the
				Form DOL-800.
(b) If the employee
				is no longer available at the time employment ceases, thus preventing the
				employer from delivering the notice to the separated employee on the last day
				of work, the notice shall be mailed to the last known address of the employee
				within three (3) days of the date that the separation occurred or became known
				to the employer.
(c) A copy of Form
				DOL-800, properly executed by the former employer as required by Georgia law,
				shall be presented to the Georgia Department of Labor local office by any
				individual filing a claim for unemployment insurance.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-70,  34-8-170,  34-8-190.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-51,  34-8-70,  34-8-174.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.10 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-51,  34-8-70,  34-8-174.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.11 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Code Ann. Sec.
				 54-631.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.12 - Limited Liability Companies

Current through Rules and Regulations filed through June 27, 2024
(1) Limited liability companies ("LLC") and
				other similar pass-through entities shall be treated the same as partnerships
				for the purposes of unemployment contributions. If such entity can demonstrate
				to the satisfaction of the Commissioner that it is receiving some other type
				treatment for purposes of federal income taxation, then the Commissioner shall
				consider that fact in determining whether remuneration paid constitutes taxable
				wages for purposes of the Employment Security Law. If an LLC is treated as a
				corporation for federal income tax purposes, the LLC shall likewise be treated
				as a corporation for purposes of taxation under the Employment Security Law.
				This rule does not modify the application of OCGA Section
				  34-8-34 with respect to the definition of an employing unit or of OCGA Section
				  34-8-33 with
				respect to the definition of an employer. An LLC, like any other covered
				employer, shall provide the department with its Federal Employer Identification
				Number when requested or required on any form, determination or letter
				instruction from the department. See Rule
				 300-2-2-.02(3).
(2) If management of the LLC is vested in its
				members, those members who are actively involved in management shall be deemed
				jointly and severally liable for payment of unemployment contributions. If
				management of the LLC is vested in one or more appointed managers who are not
				members of the LLC, then, in addition to such managers, all members of the LLC
				may nonetheless be deemed jointly and severally liable for payment of
				unemployment contributions, provided, however, any member who can demonstrate
				to the satisfaction of the Commissioner of Labor that the member has no legal
				authority or control over whether unemployment contributions are paid or
				employers' quarterly wage and tax reports are filed can be relieved of
				liability.
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.13 - Independent Contractors

Current through Rules and Regulations filed through June 27, 2024
(1) To prove independent contractor status,
				an employing unit must prove an individual who receives wages, as that term is
				defined in OCGA Section
				  34-8-49, meets
				either the two-pronged test or the alternative SS-8 requirement for exemption
				from the definition of 'employment' as provided in OCGA Section
				  34-8-35, Paragraph (f).
(2) In applying the
				second prong of the test specified in OCGA Section
				  34-8-35, paragraph (f), it shall not be sufficient that the individual simply holds a
				professional or occupational license. It must be proved the individual performs
				the licensed services in question for clients, patients or customers other than
				the employing unit. Such services must be in the same occupation or line or
				work as being performed for the employing unit.
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.14 - Registration Of Job Opening With State Employment Service

Current through Rules and Regulations filed through June 27, 2024
Whenever an employer has work to offer a claimant such
				 employer should communicate directly with the local office of the department
				 where the claim was filed, furnishing full and complete information as to type
				 of work, hours, rate of pay, etc.
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-7 - REQUIREMENTS FOR EMPLOYEES AND EMPLOYERS › Rule 300-2-7-.15 - Display of Posters For Information of Employees

Current through Rules and Regulations filed through June 27, 2024
(1) Employers shall post and maintain in
				places readily accessible to their employees all printed statements, posters,
				etc., released and required by the Commissioner of Labor or the Georgia
				Department of Labor pertaining to the rights of employees under the Employment
				Security Law. A packet of required posters may be obtained by contacting the
				nearest local office of the Georgia Department of Labor.
(2) An employer who is not liable for
				unemployment insurance taxes under the Employment Security Law or who ceased to
				be liable for unemployment insurance taxes is not permitted to display such
				notices and must remove them if on display.
O.C.G.A. Secs.
				  34-8-70,  34-8-190.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-8 - GOVERNMENTAL AND NON-PROFIT ACCOUNTS › Rule 300-2-8-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-70,  34-8-78.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-8 - GOVERNMENTAL AND NON-PROFIT ACCOUNTS › Rule 300-2-8-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  34-8-70,  34-8-190.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-8 - GOVERNMENTAL AND NON-PROFIT ACCOUNTS › Rule 300-2-8-.03 - Employers Electing to Reimburse in Lieu of Paying Contributions

Current through Rules and Regulations filed through June 27, 2024
(1) No eligible
				employer may change its method of payment from a reimbursable basis to a
				contributory basis or from a contributory basis to a reimbursable basis unless:
(a) There are no unpaid debts, taxes,
				contributions, reimbursement amounts, penalty, interest or recording fees
				outstanding against such employer; and
(b) The employer has completed two (2)
				calendar years under the prior method (reimbursable basis or contributory
				basis).
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-8 - GOVERNMENTAL AND NON-PROFIT ACCOUNTS › Rule 300-2-8-.04 - Establishment, Administration and Dissolution of Group Accounts

Current through Rules and Regulations filed through June 27, 2024
Two or more employers, as defined in OCGA Section
				  34-8-161, in the
				 same or related trade, occupation, profession or enterprise; or having a common
				 financial interest, hereinafter referred to as an "Employer Group", may enter
				 into an agreement with the Georgia Department of Labor to establish a Group
				 Account. Such employer group shall be treated as a separate employer account
				 and subject to the following provisions:
(a) An employer group may not be established
				for a period of less than five (5) years;
(b) No employer may become a member of an employer group until
				such employer has been liable under this law for a minimum of two (2) calendar
				years;
(c) Separate accounts shall
				be maintained for each employer in an employer group for
				identification;
(d) The successor
				who acquires the business of a member of an employer group shall continue to be
				a member of such group until the employer group is dissolved;
(e) An employer group may be dissolved on any
				five (5) year anniversary date, provided a written request is made ninety (90)
				days prior to such anniversary date:
1. By the
				parent employer, if each member of the employer group is owned or controlled by
				such parent employer; or
2. By
				fifty percent (50%) or more of the employers in the employer group.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-8 - GOVERNMENTAL AND NON-PROFIT ACCOUNTS › Rule 300-2-8-.05 - Reimbursable Employer Appeal to the Department of Amount Due

Current through Rules and Regulations filed through June 27, 2024
(1) Pursuant to
				OCGA Section
				  34-8-159(4), the amount due specified in any bill to a reimbursable employer shall be
				conclusive on the organization unless the organization files an application
				with the Commissioner for a redetermination, setting forth the grounds to
				support a redetermination, not later than fifteen (15) days after the bill was
				mailed to its last known address or otherwise delivered to it.
(2) The Commissioner shall promptly review
				the application for redetermination and shall issue a redetermination. The
				reimbursable employer shall have an additional fifteen (15) days after the
				redetermination is mailed or delivered in which to appeal in writing for a
				hearing. If no such request is made within that time the redetermination
				becomes final and no further appeal is allowed.
(3) Hearings on such appeals shall be
				conducted by the Office of State Administrative Hearings. The amount due as
				found by the decision of said office shall be conclusive on the organization
				and the Department of Labor unless the organization or the Department of Labor
				files an appeal to the Superior Court setting forth the grounds for its appeal,
				not later than fifteen (15) days after the written decision was mailed or
				otherwise delivered to the last known address of the organization and the
				Department of Labor.
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.01 - Separation by Discharge and the Application of the Provisions of O.C.G.A. Section 34-8-194(2)

Current through Rules and Regulations filed through June 27, 2024
(1) An individual shall be disqualified for
				violation of an employer's rule whenever the employee knew or had reason to
				know (as an ordinarily prudent person) of the rule, either having been made
				aware thereof by the employer or through common knowledge; provided, however,
				no employee shall be disqualified for violating any rule, order or instruction
				unless the same shall be lawful and reasonably related to the job environment
				and job performance. Such factors as inconsistency of prior enforcement,
				unlawfulness and unreasonableness of the rule may be proven by the individual
				to show that the individual is entitled to benefits. In instances in which
				there is a dispute as to the true cause of discharge, the claimant shall be
				afforded the opportunity to challenge or rebut the employer's version of the
				facts as to the stated reason for the discharge. The employer has the burden of
				persuasion as to the true cause of discharge.
(2) In determining whether an individual
				should be disqualified for benefits under OCGA Section
				  34-8-194(2), the Commissioner shall consider the factors as set out in (a) through (f)
				below. In each instance, the warning factor shall not be essential, but may be
				considered under the totality of circumstances; the absence of a warning may
				likewise be considered, particularly with respect to mitigation of an offense
				committed by an employee. In each instance, the Commissioner shall not be
				limited to a consideration of the factors enumerated herein but may consider
				such other factors as the totality of circumstances dictates. Once an employer
				has met its burden of proof with respect to a failure of a claimant to obey
				rules, orders or instruction or to perform the duties for which he was
				employed, the Commissioner shall consider any of these factors in mitigation of
				the offense, action or inaction of the employee.
(a) Where the employee was discharged for
				absenteeism or tardiness, the Commissioner shall consider:
1. The employer's policy on absenteeism or
				tardiness and whether the policy was communicated to the employee;
2. Whether the employee had been absent or
				tardy on prior occasions and had been warned about absenteeism or
				tardiness;
3. What the employer's
				policy is with respect to notice of the absence or tardiness and whether the
				employer was properly notified by the employee;
4. The reason(s) for the absenteeism or
				tardiness;
5. The frequency of the
				absenteeism or tardiness; and
6.
				Whether, upon consideration of the totality of circumstances which surrounded
				the absences or tardiness, the employee was at fault in the
				discharge.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.02 - Disqualification for Failure to Apply for or Accept Work

Current through Rules and Regulations filed through June 27, 2024
(1) Disqualification under OCGA Section
				  34-8-194(3) is
				required if a claimant was offered employment that is suitable work or was
				directed to apply for such employment by the department, but the offer was
				refused, or the claimant failed to apply and the refusal or failure to apply
				was without good cause, or after acceptance of a job offer made by the
				employer, claimant failed to report to work for that employer.
(a) An offer of work or referral to
				employment shall be considered properly made when:
1. A job opening existed at the time the
				offer was made or referral was given and claimant had been given sufficient
				information concerning the conditions of the job (such as, but not limited to,
				the duties, location of work, hours of work, wages, working conditions and
				equipment needed, if any) to determine the suitability of the offer or the
				referral; and
2. The claimant knew
				and understood that an offer or referral was being made, and had been notified
				of the job offer or referral in adequate time to respond; and
3. The claimant, upon accepting a referral,
				was given adequate information as to where and how to apply.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.03 - Drug Adjudication Policy

Current through Rules and Regulations filed through June 27, 2024
(1) These policies are general guidelines for
				adjudication of drug usage and drug testing related cases. The policies do not,
				and are not intended to establish what employers may or may not do in their own
				businesses. The policies address only the payment or denial of benefits under
				the Employment Security Law.
(2)
				"Drug" means any controlled substance as defined in O.C.G.A. Section
				  16-13-20
et
				seq.
(3) Drug testing must
				be based upon "reasonable grounds." The following are reasonable grounds for
				testing:
(a) If the employer has a reasonable
				suspicion that an individual has used drugs. Reasonable suspicion includes, but
				is not limited to:
1. Unusual change in
				behavior;
2. Substantial loss of
				productivity;
3. Repeated
				tardiness;
4. Repeated
				absences;
5. Noticeable signs of
				drug intoxication;
6. Reliable
				information or credible report that the employee is using a drug; and
7. Other reasonable indicators that suggest
				the individual is taking drugs.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.04 - Alcohol Adjudication Policy

Current through Rules and Regulations filed through June 27, 2024
(1) These policies are general guidelines for
				adjudication of alcohol related cases. These policies do not, and are not
				intended to establish what employers may or may not do in their businesses. The
				policies address only the payment or denial of benefits under the Employment
				Security Law.
(2) For purposes of
				OCGA Section
				  34-8-194 an employer may require a breathalyzer, blood alcohol or similar test of an
				employee or prospective employee, as part of the employer's substance abuse
				program, or if there are reasonable grounds to believe the individual is under
				the influence of alcohol.
(3) An
				individual is deemed under the influence of alcohol when the individual's blood
				alcohol content exceeds the amount prescribed in a collective bargaining
				agreement, or in the absence of a collective bargaining agreement, exceeds the
				amount prescribed in the employer's published work rules, or in the absence of
				either of the foregoing, meets or exceeds the amount prescribed in OCGA Section
				  40-6-391 as constituting being under the influence of alcohol. In the absence of a test,
				an individual may be found to be under the influence of alcohol when there is
				clear observable evidence of intoxication.
(4) An individual who is discharged as a
				result of being under the influence of alcohol while on the job, is discharged
				under disqualifying conditions.
(5)
				An individual who is discharged for failing to appear for work as a result of
				the use of alcohol is discharged under disqualifying conditions, unless the
				individual establishes that the absence was resulting from the individual
				seeking treatment for alcoholism from a recognized treatment program, and the
				individual followed the employer's procedure for notifying the employer of
				his/her absence from work.
(6)
				Alcohol testing shall not be used to discriminate against employees for reasons
				prohibited by law.
(7) An employee
				who violates a known work rule of the employer which forbids the consumption of
				alcohol during the working day can be disqualified from receiving unemployment
				compensation even without proof that the employee is under the influence of
				alcohol.
O.C.G.A. Secs.
				  34-8-70,  34-8-151,  34-8-170,  34-8-190.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.05 - Separation by Quitting. Amended

Current through Rules and Regulations filed through June 27, 2024
(1) An employee who voluntarily quits is to
				be disqualified unless he/she can show that the employer had changed the terms
				and conditions of work in a manner that the employee, applying the judgment of
				a reasonable person, would not be expected to continue that employment. Factors
				which the Commissioner shall consider in making this determination may include,
				among others, the following:
(a) Whether the
				employee was downgraded for reasons other than the fault of the
				claimant;
(b) Whether the employee
				had undergone harassment on the job of a substantial nature which would induce
				a reasonable person to quit in order to seek other employment;
(c) Whether the hiring contract had otherwise
				been broken in a material way;
(d)
				An economic downgrade based on the employer's inability to continue the former
				salary will not be considered as a good cause to quit if the reduction in
				salary is not a substantial reduction below a reasonable rate for that industry
				or trade. However, a seasonal or temporary reduction in pay or work hours does
				not constitute good cause for quitting;
(e) Whether the employee's health was placed
				in jeopardy by conditions on the job. There must be some clear connection
				between the health problem and the performance of the job, and professional
				medical advice is required unless the reason would be obvious that harm to the
				employee would result from continued employment. This includes such obvious
				things as broken limbs, violent reactions such as allergies due to the
				environment on the job and similar circumstances. Provided, however, the
				employee must discuss the matter with the employer to seek a solution by
				another assignment or other changes that would be appropriate to relieve the
				medical problem before the employee can show good work-connected cause for
				quitting; or
(f) Whether the
				employee left work voluntarily for statutorily defined good cause, as provided
				in O.C.G.A.
				  34-8-194.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.06 - Vacation

Current through Rules and Regulations filed through June 27, 2024
(1) An individual
				shall not be considered available for work if on vacation. An individual shall
				not be considered to be on vacation if the employer-employee relationship no
				longer exists. However, this relationship shall be deemed to exist if:
(a) An employer is submitting Form DOL-408
				for partial unemployment on behalf of the individual; or
(b) The individual has a firm return to work
				date within six (6) weeks of the date the individual last worked for the
				employer.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.07 - Educational Service Workers

Current through Rules and Regulations filed through June 27, 2024
(1) Prior to January 1, 2015:
(a) Benefits based upon service in employment
				defined in subsections (h) and (i) of Code Section
				  34-8-35 and 
				performed for an educational employer, including service in employment for any
				governmental or non-profit educational institution or any educational service
				agency, are subject to the benefit payment limitations described in OCGA
				Section
				  34-8-196(a) whenever
				the conditions in subparagraphs (a)(1), (a)(2), or (a)(3) of that Code Section
				apply with respect to such service
(b) Benefits shall be denied to an individual
				in accordance with OCGA Section
				  34-8-196(a) Only
				if such individual has earned base period wages with an Educational employer
				(as defined above) or the individual's most recent employer in accordance with
				O.C.G.A. Section
				  34-8-43 is
				an educational employer (as defined above).
(c) Retroactive benefits with respect to
				non-professional educational workers in accordance with O.C.G.A. Section
				  34-8-196(a)(2) 
				 are payable only under the following conditions:
1. Despite reasonable assurance having been
				provided to the individual that the same or substantially similar work would be
				available in the second academic term or year, no such work is available;
				and
2. Timely claims for benefits
				were filed for each week claimed during the break between terms or years;
				and
3. All other eligibility
				conditions of the Employment Security Law including, but not limited to,
				O.C.G.A. Section
				  34-8-195 were met for each week claimed; and
4. The individual reopens the claim within
				fourteen (14) calendar days after the beginning of the next successive school
				term or year or after being informed by the employer (as defined above) that
				the expected work would not be available, whichever date occurred
				first.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.08 - Eligibility of Temporary/Intermittent Workers

Current through Rules and Regulations filed through June 27, 2024
(1) An individual who is working on a
				part-time, intermittent, or temporary assignment basis shall not be denied
				benefits solely as a consequence of such employment. When such individuals are
				between assignments, it shall be considered that a rebuttable presumption of
				voluntary unemployment exists. In determining eligibility for such persons, the
				Commissioner may consider, but is not limited to, the following facts:
(a) Whether the claimant's employment was of
				a temporary/intermittent nature;
(b) Whether the claimant and employer are
				maintaining an ongoing employment relationship;
(c) Whether the claimant considers
				temporary/intermittent work as an occupation, or as "stop-gap work" to earn
				income while seeking employment; and
(d) Whether the claimant is seeking and is
				available for full time work.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.09 - Services in Professional Sports

Current through Rules and Regulations filed through June 27, 2024
(1) Pursuant to OCGA Section
				  34-8-196, paragraph (c), an individual shall be considered as "participating in
				professional sports or athletic events or to be in training or preparing to so
				participate" if such individual is a professional athlete, coach, manager or
				trainer who is employed by the professional team or as a referee or umpire
				employed by a professional league or association or other individual in similar
				situations who performs services in professional sports.
(2) For purposes of this paragraph and OCGA
				Section
				  34-8-196, "substantially all" means 90% or more of the wages shown in the base period of
				an individual worker's claim for unemployment insurance benefits.
O.C.G.A.
				 §§
											34-2-6(a)(4),  34-8-196.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-9 - QUALIFICATIONS AND PENALTIES FOR UNEMPLOYMENT INSURANCE BENEFITS CLAIMS › Rule 300-2-9-.10 - Quit Due to Family Violence; Forms of Evidence to Prove

Current through Rules and Regulations filed through June 27, 2024
(1) To establish good cause for quitting the
				claimant's most recent employer due to family violence under O.C.G.A. §
									34-8-194, the claimant must show that family violence has occurred which has directly
				impacted the claimant's employment. Additionally, the claimant must provide
				reasonable documentation to the agency to verify facts pertaining to the family
				violence.
(a) For the purposes of O.C.G.A.
				  34-8-194, "family violence" shall have the same meaning as in O.C.G.A.
				  19-13-1, i.e., "family violence" is the occurrence of one or more of the following acts
				between past or present spouses, persons who are parents of the same child,
				parents and children, stepparents and stepchildren, foster parents and foster
				children, or other persons living or formerly living in the same household:
1. Any felony; or
2. Commission of offenses of battery, simple
				battery, simple assault, assault, stalking, criminal damage to property,
				unlawful restraint, or criminal trespass.
The term "family violence" shall not be deemed to include
				 reasonable discipline administered by a parent to a child in the form of
				 corporal punishment, restraint, or detention.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-3 - SAFETY ENGINEERING › Subject 300-3-1 - INVESTIGATING AND REPORTING WORK INJURIES › Rule 300-3-1-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-3 - SAFETY ENGINEERING › Subject 300-3-1 - INVESTIGATING AND REPORTING WORK INJURIES › Rule 300-3-1-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-3 - SAFETY ENGINEERING › Subject 300-3-1 - INVESTIGATING AND REPORTING WORK INJURIES › Rule 300-3-1-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-3 - SAFETY ENGINEERING › Subject 300-3-1 - INVESTIGATING AND REPORTING WORK INJURIES › Rule 300-3-1-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-3 - SAFETY ENGINEERING › Subject 300-3-2 - MACHINERY › Rule 300-3-2-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-3 - SAFETY ENGINEERING › Subject 300-3-2 - MACHINERY › Rule 300-3-2-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-3 - SAFETY ENGINEERING › Subject 300-3-2 - MACHINERY › Rule 300-3-2-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  34-8-70.
Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-3 - SAFETY ENGINEERING › Subject 300-3-2 - MACHINERY › Rule 300-3-2-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  34-8-70.