Georgia
- chapter 1. GENERAL PROVISIONS
- 34-1-1. Requirements for scaffolding and staging design; inspection by Commissioner of Labor
(a) (1) All scaffolding or staging swung or suspended from an overhead support or erected with stationary supports, which scaffolding or staging is suspended or rises 30 feet or more above the...
- chapter 1. GENERAL PROVISIONS
- 34-1-2. Prohibition of age discrimination in employment
(a) No person, firm, association, or corporation carrying on or conducting within this state any business requiring the employment of labor shall refuse to hire, employ, or license nor shall such...
- chapter 1. GENERAL PROVISIONS
- 34-1-3. Discrimination against employee for attending a judicial proceeding in response to a court order or process; exception to applicability of Code section
(a) It shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for...
- chapter 1. GENERAL PROVISIONS
- 34-1-4. Employer immunity for disclosure of information regarding job performance
(a) As used in this Code section, the term: (1) Employee means any person who is employed by an employer described in paragraph (2) of this subsection. (2) Employer means any individual...
- chapter 1. GENERAL PROVISIONS
- 34-1-5. Multiracial classification required on forms
(a) As used in this Code section, the term multiracial means having parents of different races. (b) All written forms, applications, questionnaires, and other written documents or materials...
- chapter 1. GENERAL PROVISIONS
- 34-1-6. Employer obligation to provide time for women to express breast milk for infant child
(a) As used in this Code section, the term employer means any person or entity that employs one or more employees and shall include the state and its political subdivisions. (b) An employer may...
- chapter 1. GENERAL PROVISIONS
- 34-1-7. Definitions; application for temporary restraining order and injunction; requirements; hearing; notice and service; notification of law enforcement agencies
(a) As used in this Code section, the term: (1) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-1. Creation of Department of Labor
There is created and established a separate and independent administrative agency to be known as the Department of Labor. ...
- chapter 2. DEPARTMENT OF LABOR
As used in this chapter, the term: (1) Employer includes every person, firm, corporation, partnership, stock association, agent, manager, representative, or foreman, or other persons having...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-3. Election, term of office, compensation, removal, and duties of Commissioner of Labor
(a) The Department of Labor shall be under the direction and supervision of a commissioner to be known as the Commissioner of Labor. The Commissioner shall devote his full time to the duties of...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-4. Establishment by Commissioner of divisions within Department of Labor; appointment, fixing of salaries and duties, and removal of employees
(a) The Commissioner of Labor may establish within the Department of Labor such divisions as he may deem necessary for the exercise of the powers and the performance of the duties of the...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-5. Office of Department of Labor to be maintained by Commissioner; payment of office expenses; lease or rental of unused office space
(a) The Commissioner of Labor shall keep and maintain the office of the Department of Labor in the City of Atlanta, Georgia, and shall be provided with suitable rooms, necessary furniture,...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-6. Specific powers and duties of Commissioner
(a) In addition to such other duties and powers as may be conferred upon him by law, the Commissioner of Labor shall have the power, jurisdiction, and authority: (1) To superintend the...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-7. Promulgation, review, amendment, and repeal of rules and regulations by Commissioner generally
The Commissioner shall comply with the requirements of Chapter 13 of Title 50, the Georgia Administrative Procedure Act, in the promulgation, adoption, review, amendment, and repeal of all rules...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-8. Variations from rules of Commissioner; keeping of index of variations
If there are practical difficulties or unnecessary hardships in carrying out a rule of the Commissioner of Labor, the Commissioner, after public hearing, may make a variation from such...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-9. Preparation by Commissioner of annual report and recommendations
The Commissioner of Labor shall annually, on or before January 1, compile a report covering the activities of the Department of Labor, accompanied by recommendations with reference to such changes...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-10. Employer's duty with respect to provision of safe employment generally
(a) Every employer shall furnish employment which shall be reasonably safe for the employees therein, shall furnish and use safety devices and safeguards, shall adopt and use methods and processes...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-12. Duty of Attorney General and district attorneys to prosecute violations of those laws enforced by Commissioner
It shall be the duty of the Attorney General of the state and the district attorneys of their respective judicial circuits, upon request of the Commissioner of Labor or any of his authorized...
- chapter and for false statements under oath
- 34-2-13. Penalties for violations of chapter and for false statements under oath
(a) Any employer or owner who violates or fails or refuses to comply with any provision of this chapter within the time prescribed or any judgment or decree made by any court in connection with...
- chapter 2. DEPARTMENT OF LABOR
- 34-2-14. Authorization to establish and administer pretrial intervention programs
The Georgia Department of Labor shall have the authorization to enter into agreements with district attorneys and solicitors-general of the several judicial circuits of this state for the purpose...
- chapter 3. HOURS OF LABOR IN FACTORIES
- 34-3-1. Hours of labor in cotton or woolen manufacturing establishments
The hours of labor required of all persons employed in all cotton or woolen manufacturing establishments in this state, except engineers, firefighters, watchmen, mechanics, teamsters, yard...
- chapter 3. HOURS OF LABOR IN FACTORIES
- 34-3-2. Effect of contracts requiring more than 40 hours of work per week
All contracts which require employees of cotton or woolen manufacturing establishments to work more than 40 hours per week shall be null and void. ...
- chapter 3. HOURS OF LABOR IN FACTORIES
- 34-3-3. Actions for violations of chapter; disposition of amount recovered
Any person with whom a contract violative of this chapter is made or any person having knowledge thereof may institute an action against such cotton or woolen manufacturing establishment; and the...
- chapter 4. MINIMUM WAGE LAW
This chapter shall be known and may be cited as the Georgia Minimum Wage Law. ...
- chapter by Commissioner of Labor
- 34-4-2. Administration and enforcement of chapter by Commissioner of Labor
The Commissioner of Labor shall administer and enforce this chapter and may make rules and regulations for such administration. ...
- chapter 4. MINIMUM WAGE LAW
- 34-4-3. Amount of minimum wage to be paid by employers; employers and employees covered by chapter
(a) Except as otherwise provided in this Code section, every employer, whether a person, firm, or corporation, shall pay to all covered employees a minimum wage which shall be not less than $5.15...
- chapter 4. MINIMUM WAGE LAW
- 34-4-4. Authority of Commissioner to grant exemptions from operation of chapter
(a) The Commissioner of Labor is authorized to grant exemptions to certain categories of organizations and businesses for the purpose of exempting them from the operation of this chapter. The...
- chapter 4. MINIMUM WAGE LAW
- 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...
- chapter 4. MINIMUM WAGE LAW
- 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...
- chapter 5. SEX DISCRIMINATION IN EMPLOYMENT
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...
- chapter 5. SEX DISCRIMINATION IN EMPLOYMENT
- 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...
- chapter 5. SEX DISCRIMINATION IN EMPLOYMENT
- 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)...
- chapter 5. SEX DISCRIMINATION IN EMPLOYMENT
- 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...
- chapter 5. SEX DISCRIMINATION IN EMPLOYMENT
- 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...
- chapter 5. SEX DISCRIMINATION IN EMPLOYMENT
- 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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 1. GENERAL PROVISIONS
- 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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 1. GENERAL PROVISIONS
- 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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 1. GENERAL PROVISIONS
- 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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 1. GENERAL PROVISIONS
- 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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 1. GENERAL PROVISIONS
- 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. ...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 1. GENERAL PROVISIONS
- 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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 2. MEMBERSHIP IN LABOR ORGANIZATIONS
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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 2. MEMBERSHIP IN LABOR ORGANIZATIONS
- 34-6-21. Membership in or resignation from labor organization as condition of employment or continuation of employment
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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 2. MEMBERSHIP IN LABOR ORGANIZATIONS
- 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. ...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 2. MEMBERSHIP IN LABOR ORGANIZATIONS
- 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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 2. MEMBERSHIP IN LABOR ORGANIZATIONS
- 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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 2. MEMBERSHIP IN LABOR ORGANIZATIONS
- 34-6-25. Deductions from employees' earnings of fees of labor organizations
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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 2. MEMBERSHIP IN LABOR ORGANIZATIONS
- 34-6-26. Contracts allowing deductions from employees' earnings of fees of labor organizations
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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 2. MEMBERSHIP IN LABOR ORGANIZATIONS
- 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...
- chapter 6. LABOR ORGANIZATIONS AND LABOR RELATIONS
- ARTICLE 2. MEMBERSHIP IN LABOR ORGANIZATIONS
- 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...
- chapter 6A. EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES
This chapter shall be known and may be cited as the Georgia Equal Employment for Persons With Disabilities Code. ...
- chapter 6A. EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES
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...
- chapter 6A. EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES
- 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...
- chapter 6A. EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES
- 34-6A-4. Prohibited discriminatory activities
(a) No employer shall fail or refuse to hire nor shall any employer discharge or discriminate against any individual with disabilities with respect to wages, rates of pay, hours, or other terms...
- chapter 6A. EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES
- 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...
- chapter 7. MASTER AND SERVANT
- ARTICLE 1. GENERAL PROVISIONS
- 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...
- chapter 7. MASTER AND SERVANT
- ARTICLE 1. GENERAL PROVISIONS
- 34-7-2. Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer
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,...
- chapter 7. MASTER AND SERVANT
- ARTICLE 1. GENERAL PROVISIONS
- 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...
- chapter 7. MASTER AND SERVANT
- ARTICLE 1. GENERAL PROVISIONS
- 34-7-4. Payment of outstanding wages to beneficiary; payment as release from claims to funds or claims against employer
(a) (1) Upon the death of any person who was employed by any political subdivision of the state or by any railroad company or other corporation, individual, or partnership doing business in this...
- chapter 7. MASTER AND SERVANT
- ARTICLE 1. GENERAL PROVISIONS
- 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...
- chapter 7. MASTER AND SERVANT
- ARTICLE 1. GENERAL PROVISIONS
- 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...
- chapter 7. MASTER AND SERVANT
- ARTICLE 2. EMPLOYER'S LIABILITY FOR INJURIES GENERALLY
- 34-7-20. Care by employer in selection of employees and in furnishing of safe machinery; employer's duty to warn
The employer is bound to exercise ordinary care in the selection of employees and not to retain them after knowledge of incompetency; he shall use like care in furnishing machinery equal in kind...
- chapter 7. MASTER AND SERVANT
- ARTICLE 2. EMPLOYER'S LIABILITY FOR INJURIES GENERALLY
- 34-7-21. Liability of employer for coemployees' negligence
With the exception of railroad companies, the employer shall not be liable to one employee for injuries arising from the negligence or misconduct of other employees about the same business. ...
- chapter 7. MASTER AND SERVANT
- ARTICLE 2. EMPLOYER'S LIABILITY FOR INJURIES GENERALLY
- 34-7-22. Contracts exempting employer from liability are null and void
All contracts between employer and employee made in consideration of employment, whereby the employer is exempted from liability to the employee arising from the negligence of the employer or his...
- chapter 7. MASTER AND SERVANT
- ARTICLE 2. EMPLOYER'S LIABILITY FOR INJURIES GENERALLY
- 34-7-23. Assumption of risk by employees; requirements for recovery of damages
An employee assumes the ordinary risks of his employment and is bound to exercise his own skill and diligence to protect himself. In actions for injuries arising from the negligence of the...
- chapter 7. MASTER AND SERVANT
- ARTICLE 3. EMPLOYER'S LIABILITY FOR INJURIES TO RAILROAD EMPLOYEES
- 34-7-41. Liability of common carrier by railroad for personal injury or death of employee generally
Every common carrier by railroad shall be liable in damages to any person suffering injury while he is employed by such carrier or, in case of death of such employee, to his or her personal...
- chapter 7. MASTER AND SERVANT
- ARTICLE 3. EMPLOYER'S LIABILITY FOR INJURIES TO RAILROAD EMPLOYEES
- 34-7-43. Assumption of risk where employer is contributorily negligent
In any action brought against any common carrier by railroad, under and by virtue of any of the provisions of Code Sections 34-7-41 and 34-7-42, to recover damages for injuries to or the death of...
- chapter 7. MASTER AND SERVANT
- ARTICLE 3. EMPLOYER'S LIABILITY FOR INJURIES TO RAILROAD EMPLOYEES
- 34-7-44. Employer exemptions from liability void; allowable setoffs
Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier by railroad to exempt itself from any liability created by Code Sections...
- chapter 7. MASTER AND SERVANT
- ARTICLE 3. EMPLOYER'S LIABILITY FOR INJURIES TO RAILROAD EMPLOYEES
- 34-7-45. Liability of receivers, trustees, and assignees of railroad companies for coemployees' negligence; lien on railroad company income
(a) The liability of receivers, trustees, assignees, and other like officers operating railroads in, or partially in, this state for injuries and damages to employees or their property which are...
- chapter 7. MASTER AND SERVANT
- ARTICLE 3. EMPLOYER'S LIABILITY FOR INJURIES TO RAILROAD EMPLOYEES
- 34-7-46. Limitation period for institution of action
No action shall be maintained under Code Sections 34-7-41 through 34-7-44 unless commenced within two years from the day the cause of action accrued. ...
- chapter 7. MASTER AND SERVANT
- ARTICLE 3. EMPLOYER'S LIABILITY FOR INJURIES TO RAILROAD EMPLOYEES
- 34-7-47. Liability of railroad company to its employees for negligence of employees of another railroad company using same track
Where two or more chartered railroad companies whose lines terminate in the same city contract to use the same track within the corporate limits, the company owning the track shall not be...
- chapter 7. MASTER AND SERVANT
- ARTICLE 3. EMPLOYER'S LIABILITY FOR INJURIES TO RAILROAD EMPLOYEES
- 34-7-48. Recovery by employee working beyond limited hours of service
No employee of any railroad company shall be deprived of his right to recover damages for personal injury by reason of the fact that at the time of such injury he was making a run of more than 13...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 1. GENERAL PROVISIONS
This chapter shall be known and may be cited as the Employment Security Law. ...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 1. GENERAL PROVISIONS
- 34-8-2. Declaration of public policy
As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: economic insecurity due to unemployment is a serious menace to the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 1. GENERAL PROVISIONS
- 34-8-3. Right of General Assembly to amend or repeal chapter; effect
The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested private rights of any kind against such amendment or repeal....
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-20. Annual payroll; average annual payroll
(a) As used in this chapter, the term annual payroll means the total amount of wages for employment paid by an employer during the 12 month period immediately preceding and ending on the...
- chapter 8. EMPLOYMENT SECURITY
(a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term base period means the first four of the last five completed calendar quarters immediately...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term benefits means the compensation payable to an individual, as provided in this chapter, with respect to the individual's unemployment. ...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term benefit year with respect to any individual means the one-year period beginning with the day on which a valid claim is filed. In the case of a combined wage...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-24. Bona fide in the labor market
As used in this chapter, the term bona fide in the labor market means that any person claiming benefits under this chapter must be available for full-time employment, as that term is generally...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-25. Calendar quarter
As used in this chapter, the term calendar quarter means the period of three consecutive calendar months ending on the dates of March 31, June 30, September 30, or December 31 of each year or...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-27. Common paymaster
As used in this chapter, the term common paymaster means one of two or more related corporations which concurrently employ the same individual and which is designated to remunerate such...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-28. Computation date
As used in this chapter, the term computation date means June 30 of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-29. Contributions; payments in lieu of contributions
(a) As used in this chapter, the term contributions means the money payments to the Unemployment Compensation Fund required by Code Sections 34-8-150 through 34-8-156. (b) As used in this...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-30. Deductible earnings
As used in this chapter, the term deductible earnings means all money in excess of $30.00 each week earned by a claimant for services performed, whether or not received by such claimant. For...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term department means the Georgia Department of Labor. ...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-32. Employee leasing company
(a) As used in this chapter, the term employee leasing company means an independently established business entity which engages in the business of providing leased employees to any other...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term employing unit means any individual, the legal representative of a deceased individual, or any type of organization, including any partnership, association,...
- chapter 8. EMPLOYMENT SECURITY
(a) As used in this chapter, the term employment means any service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-36. Employment office
As used in this chapter, the term employment office means a free public employment office or branch thereof operated by this state or maintained as a part of a state controlled system of public...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-37. Employment Security Administration Fund
As used in this chapter, the term Employment Security Administration Fund means the Employment Security Administration Fund which is established by this chapter and from which administrative...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-38. Experience rating account
As used in this chapter, the term experience rating account means the individual experience of a covered employer, as determined by factors set forth in Code Sections 34-8-150 through 34-8-157. ...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-39. Extended benefits
As used in this chapter, the term extended benefits means benefits, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C. Chapter 85, payable...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term fund means the Unemployment Compensation Fund which is established by Code Section 34-8-83 and from which all benefits provided under this chapter shall be...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term insured work means employment for a liable employer. ...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term liable employer means an employer who is responsible for the payment of unemployment contributions or payments in lieu of contributions or a governmental...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-43. Most recent employer
(a) As used in this chapter and except as otherwise provided in subsection (b) of this Code section, the term most recent employer means the last liable employer for whom an individual worked...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term state includes the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. ...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-45. Supplemental unemployment benefits
As used in this chapter, the term supplemental unemployment benefits means only: (1) Benefits which are paid to an employee because of such employee's involuntary separation from the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-46. Temporary help contracting firm
As used in this chapter, the term temporary help contracting firm means any person who is in the business of employing individuals and, for compensation from a third party, providing those...
- chapter 8. EMPLOYMENT SECURITY
For purposes of this chapter, an individual shall be deemed unemployed in any week during which the individual performs no services and with respect to which no wages are payable to him or her...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term valid claim means a claim filed for unemployment compensation benefits in which sufficient base period wages establish a monetary entitlement as provided in...
- chapter 8. EMPLOYMENT SECURITY
(a) (1) As used in this chapter, the term wages means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other...
- chapter 8. EMPLOYMENT SECURITY
As used in this chapter, the term week means such period of seven consecutive calendar days ending at 12:00 Midnight as the Commissioner may by regulation prescribe. ...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 2. DEFINITIONS
- 34-8-51. Weekly benefit amount
As used in this chapter, the term weekly benefit amount means the dollar amount, prior to any deductions, which an individual may be entitled to receive for one week of total unemployment. ...
- chapter and other materials
- 34-8-71. Distribution of text of chapter and other materials
The Commissioner shall make available to the public copies of the text of this chapter, any rules or regulations promulgated pursuant to this chapter, the Commissioner's annual reports to the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-72. Appointment of state and local or industry advisory councils
The Commissioner shall appoint a State Advisory Council and may appoint local or industry advisory councils, composed in each case of an equal number of employer representatives and employee...
- chapter and programs; authority to create, and delegate powers and duties to, Employment Security Agency
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- 34-8-73. Department to administer chapter and programs; authority to create, and delegate powers and duties to, Employment Security Agency
(a) The department shall administer the provisions of this chapter and all programs relating to state employment services and unemployment compensation. (b) The Commissioner may, at his or her...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-74. Appointment, compensation, powers, and duties of personnel administering chapter
Subject to other provisions of this chapter, the Commissioner is authorized to appoint, fix the compensation of, and prescribe the duties and powers of such officers, accountants, attorneys,...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-75. Experience rating committee
The Commissioner shall designate an experience rating committee. The committee shall be composed of one representative of employers, one representative of employees, and one representative of the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-76. Duties of Commissioner to reduce and prevent unemployment
The Commissioner, with the advice and aid of the State Advisory Council and the local or industry advisory councils, shall take all appropriate steps to reduce and prevent unemployment; to...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-78. Board of review; appointment, term of office, compensation, and removal of members
(a) There shall be a Board of Review of the Department of Labor, which board shall consist of three members. Each member shall be appointed by the Governor for a term of six years. Each member...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-80. Payment of compensation under two or more state unemployment compensation laws
(a) The Commissioner shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-81. Creation of Employment Security Administration Fund; sources of money for fund; management and control of moneys
(a) There is created a trust fund, with the Commissioner as trustee, to be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund shall be...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-82. State reimbursement of Employment Security Administration Fund for moneys lost, wrongfully expended, or overexpended
This state recognizes its obligation to replace and declares it to be the policy of this state that funds will be provided in the future and applied to the replacement of any moneys received from...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-83. Establishment, composition, and administration of Unemployment Compensation Fund
There is established as a trust fund, separate and apart from all other public funds of this state, an Unemployment Compensation Fund, which shall be administered by the Commissioner exclusively...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-84. Commissioner as custodian of fund; establishment of accounts within fund; deposits of money in accounts
The Commissioner shall be custodian of the Unemployment Compensation Fund and shall administer the fund in accordance with such rules and regulations as the Commissioner shall prescribe. The...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-85. Withdrawals from Unemployment Trust Fund for expenditures under chapter
Moneys shall be requisitioned from this state's account in the Unemployment Trust Fund solely for the payment of regular benefits and extended benefits and for refunds pursuant to Code Section...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-86. Management of funds upon discontinuance of Unemployment Trust Fund
Code Sections 34-8-83 through 34-8-85, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such trust fund continues to exist and so long as the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-87. Borrowing funds from United States Treasury upon depletion of Unemployment Compensation Fund
The Commissioner is authorized to borrow funds from the United States Treasury in accordance with standards and regulations promulgated by the United States Department of Labor and pursuant to...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-88. Necessary powers in discharge of duties
In the discharge of the duties imposed by this chapter, the Commissioner, the chief administrative hearing officer, the members of the board of review, and any duly authorized representative of...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-89. Application for order requiring persons to obey subpoena issued by Commissioner
(a) In case of contumacy or refusal to obey a subpoena by any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-91. Benefits limited to extent funds are available
Benefits shall be deemed due and payable under this chapter only to the extent provided in this chapter and to the extent that funds are available therefor to the credit of the Unemployment...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-92. Disposition of fines, penalties, and interest collected
All fines, penalties, and interest collected under the terms of this chapter shall be paid into the state treasury. The General Assembly shall be authorized to appropriate to the Commissioner all...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 3. ADMINISTRATION
- 34-8-93. Construction of chapter; severability
(a) Any ambiguity in this chapter shall be construed in a manner consistent with federal law applicable to the unemployment compensation program. (b) In the event any Code section, subsection,...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 4. DISCLOSURE OF RECORDS
- 34-8-120. Legislative intent
(a) This article is intended to reconcile the free access to public records granted by Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, and the discovery rights...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 4. DISCLOSURE OF RECORDS
- 34-8-121. Information or records shall be private and confidential; release authorized; maintenance of records; destruction of outdated records
(a) Any information or records concerning an individual or employing unit obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 4. DISCLOSURE OF RECORDS
- 34-8-122. Communications between employer and employee, or between employer or employee and department, privileged
(a) All letters, reports, communications, or any other matters, either oral or written, from the employer or employee to each other or to the department or any of its agents, representatives, or...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 4. DISCLOSURE OF RECORDS
- 34-8-124. Access to records and information by individuals and employing units; fee for copies
(a) An individual shall have access to all records and information concerning that individual held by the department unless the information is exempt from disclosure. An employing unit shall have...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 4. DISCLOSURE OF RECORDS
- 34-8-125. Access to information or records by governmental agencies; penalty for violation
(a) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal, shall have access to information or records deemed...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 4. DISCLOSURE OF RECORDS
- 34-8-126. Information or records available to parties to judicial or formal administrative proceedings
Information or records deemed private and confidential under this chapter shall be available to parties to judicial or formal administrative proceedings only upon a finding by the presiding...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 4. DISCLOSURE OF RECORDS
- 34-8-127. Disclosure of information or records when necessary to permit private parties to assist in operation of department; penalty for violations; enforcement by Attorney General
The department shall have the right to disclose information or records deemed private and confidential under this chapter to any private person or organization when such disclosure is necessary to...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 4. DISCLOSURE OF RECORDS
- 34-8-128. Disclosure of information to contracting governmental or private organizations
Where the department contracts to provide services to other governmental or private organizations, the department may disclose to those organizations information or records deemed private and...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 4. DISCLOSURE OF RECORDS
- 34-8-129. Disclosure of information or records when identifying information deleted
Nothing in this article shall prevent the disclosure of information or records deemed private and confidential under this article if all details identifying an individual or employing unit are...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-150. Payment of contributions by employers
(a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-151. Rate of employer contributions
(a) For periods prior to April 1, 1987, or after December 31, 2005, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
(a) The standard rate of contribution shall be 5.4 percent. The standard rate of contribution is the rate from which variations therefrom are computed as provided in Code Section 34-8-155. (b) No...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-153. Liability of succeeding employer; computation of rate of contributions
(a) Any corporation, partnership, individual, or other legal entity who acquires by purchase, merger, consolidation, or other means substantially all of the business or assets of any employer and...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-154. Separate accounts
Except as provided in Code Section 34-8-161, the Commissioner shall maintain a separate account for each employer and shall credit such account with all the contributions paid by that employer....
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-155. Benefit experience; variations from standard rate
(a) Employers shall be classified in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts so that contribution rates...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-157. Regular benefits paid to be charged against experience rating account
(a) Regular benefits paid with respect to all benefit years that begin on or before December 31, 1991, shall be charged against the experience rating account of employers in the following manner:...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-158. Financing benefits paid employees of governmental entities and nonprofit organizations
(a) Organizations covered. Benefits paid to employees of governmental entities and nonprofit organizations shall be financed in accordance with this Code section and Code Sections...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-159. Specific provisions for payments in lieu of contributions
The payments in lieu of contributions as provided in Code Section 34-8-158 shall be made in accordance with the following provisions: (1) Date payment due. Upon approval by the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-160. Surety bond required
(a) Authority to require surety bond. For the purposes of this Code section, a surety bond is a bond of surety issued by an organization licensed and authorized to issue such bond in the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
Two or more employers who have become liable for payments in lieu of contributions in accordance with the provisions of Code Section 34-8-158 may file a joint application to the Commissioner for...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-162. Establishment, administration, and contents of cash deposit escrow fund; deposit in and withdrawals from fund
(a) There is established as a trust fund, separate and apart from all other public moneys or other funds of this state, a cash deposit escrow fund, which shall be administered by the Commissioner...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-163. Terminating liability to fund
(a) Except as provided in subsection (c) of this Code section, an employing unit liable under this chapter must apply in writing to the Commissioner prior to April 30 in order to terminate...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-164. Applications for adjustment or refund
Applications for adjustment or refund of contributions, payments in lieu of contributions, or interest thereon, shall be submitted no later than three years from the date such amounts were...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-165. Tax and wage reports; penalty for failure to file; fraudulent reports
(a)(1) In accordance with such regulations as the Commissioner may prescribe, tax and wage reports shall become due and be filed by each employer on or before the last day of the month next...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-166. Interest on delinquent contribution payments; waiver; reports
(a) Contributions unpaid on the due date established by the Commissioner shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-167. (Effective January 1, 2004. See note.) Collection of delinquent contribution payments generally
(a) If, after due notice, any employer defaults in any payment of contributions or interest thereon, the amount due, including any penalty, may be collected by civil action maintained in the name...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-168. Authorized collection procedures; application of moneys obtained; procedure to contest execution; Attorney General to represent Commissioner; Commissioner's rights, authority, and prerogatives
(a) The Commissioner or an authorized representative of the Commissioner may use garnishment to collect the tax imposed by this chapter. Garnishment may be issued by the Commissioner in the same...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-170. Commissioner authorized to estimate contributions due; notice of assessment; jeopardy assessment
(a) If any employer fails or neglects to make a report as required by Code Section 34-8-165 or by rules and regulations, the Commissioner may make an estimate based upon any information in the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-171. Injunction against employing individuals if reports or payments due
An employer may be enjoined from employing individuals if such employer's reports remain unfiled or contributions remain unpaid 90 days after the end of the calendar quarter to which they apply....
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-172. Surety bond required of employee leasing company
The Commissioner shall require any employee leasing company, as defined in Code Section 34-8-32, to post a surety bond or such equivalent financial securities as approved by the Commissioner in...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-173. Release or subordination of property subject to lien; authority to settle and compromise payment of contributions; annual reports
(a) The Commissioner may release or subordinate all or any portion of the property subject to any lien obtained under provisions of this chapter if the Commissioner determines that the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-174. Payment of contributions in event of legal dissolution or distribution
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, in proceedings relating to the administration of the estate of a decedent,...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-175. Payment of contributions when employing unit sells or transfers business or stock of goods
Any employing unit which sells or transfers its business or stock of goods shall file all required tax and wage reports and pay all contributions, administrative assessments, interest, and...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-177. Procedure for collecting delinquent contribution payments from public employers
Should any department or political subdivision of the state, any instrumentality of a political subdivision of the state, or any instrumentality of one or more of the foregoing become more than...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
- 34-8-178. Voluntary contributions by employers
Any employer may make voluntary payments in addition to the contributions required under this chapter, and the same shall be credited to the employer's experience account; provided, however, that...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 6. ADMINISTRATIVE ASSESSMENTS
- 34-8-180. (Repealed effective December 31, 2005) Creation of administrative assessment upon all wages; assessments due quarterly
(a) For the periods on or after April 1, 1987, but on or before January 1, 2000, there is created an administrative assessment of .06 percent to be assessed upon all wages, as defined in Code...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 6. ADMINISTRATIVE ASSESSMENTS
- 34-8-181. (Repealed effective December 31, 2005) Additional assessment for new or newly covered employer
(a) For the periods on or after April 1, 1987, but on or before December 31, 1999, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 6. ADMINISTRATIVE ASSESSMENTS
- 34-8-182. (Repealed effective December 31, 2005) Authority to collect administrative assessment and deposit funds in clearing account; appropriation of funds
(a) The Commissioner is authorized to collect the administrative assessment as provided in Code Section 34-8-180 and to deposit the funds in the clearing account of the Unemployment Compensation...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 6. ADMINISTRATIVE ASSESSMENTS
- 34-8-183. (Repealed effective December 31, 2005) Authority to promulgate rules and regulations
The Commissioner may promulgate such rules and regulations as are necessary to implement and effectuate the provisions of this article. ...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 6. ADMINISTRATIVE ASSESSMENTS
- 34-8-185. (Repealed effective December 31, 2005) Repealer
This article shall stand repealed in its entirety on December 31, 2005. ...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-190. Requirements governing claims for benefits
(a) Claims for benefits shall be made in accordance with such rules or regulations as the Commissioner may prescribe. The Commissioner may provide for employer initiated claims under such...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-191. Benefits to be paid pursuant to rules and regulations
All benefits payable from and out of the Unemployment Compensation Fund shall be paid as provided in this chapter and through the employment offices of the department in accordance with such rules...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-192. Initial determination and redetermination of eligibility for, amount of, and duration of benefits
(a) Employees of the department designated by the Commissioner shall take the initial claim. An initial determination thereon shall be made promptly and shall include a determination with respect...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-193. Determination of weekly benefit amount
(a) The weekly benefit amount of an individual's claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 46. Any fraction of a dollar shall...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-194. Grounds for disqualification of benefits
An individual shall be disqualified for benefits: (1) For the week or fraction thereof in which the individual has filed an otherwise valid claim for benefits after such individual has left the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-195. Determination of eligibility for unemployment benefits generally; eligibility while in training; deductions and withholdings from compensation.
(a) An unemployed individual shall be eligible to receive benefits for any week only if such unemployed individual shows to the satisfaction of the Commissioner that each of the following...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-196. Determination of eligibility for benefits of persons performing certain services; eligibility for benefits of aliens performing services
(a) Benefits based on service in educational institutions. Benefits based on service in employment as defined in subsections (h) and (i) of Code Section 34-8-35 shall be payable in the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-197. Eligibility requirements for extended benefits
(a) Definitions. As used in this Code section, the term: (1) Eligibility period of an individual means the period consisting of the weeks in his or her benefit year which begin in...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-198. Payment of child support obligation from benefits
(a) Each claimant shall disclose to the department whether or not such claimant owes child support obligations which are being enforced pursuant to a plan described in Section 454 of the federal...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 7. BENEFITS
- 34-8-199. Definitions; disclosure; withholding uncollected overissuance
(a) As used in this Code section, the term: (1) Uncollected overissuance has the same meaning as provided in
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 8. APPEALS
- 34-8-221. Review of decision of hearing officer by board of review
(a) The board of review may on its own motion affirm, modify, or set aside any decision of an administrative hearing officer on the basis of the evidence previously submitted in such case or...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 8. APPEALS
- 34-8-222. Procedure for appeal of claims to board of review; record of proceedings
The manner in which appealed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Commissioner for determining the rights of...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 8. APPEALS
- 34-8-223. Procedure for judicial review of final decisions of board of review
(a) Any decision of the board of review, in the absence of a reconsideration as provided in subsection (d) of Code Section 34-8-192, shall become final 15 days after the date of notification or...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 8. APPEALS
- 34-8-224. Fee for witnesses subpoenaed under article
Witnesses subpoenaed pursuant to this article shall be allowed fees at a rate fixed by the Commissioner. Such fees shall be deemed a part of the expense of administering this chapter. ...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 9. PROHIBITED AND VOID ACTS; OVERPAYMENTS
- 34-8-250. Prohibited agreements and activities; penalty
Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this chapter shall be void. Any agreement by any individual in the employ of...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 9. PROHIBITED AND VOID ACTS; OVERPAYMENTS
- 34-8-252. Assignment, pledge, or encumbrance of right to benefits void; benefits exempt; waiver of exemption void
Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. Such rights to benefits shall be exempt from levy,...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 9. PROHIBITED AND VOID ACTS; OVERPAYMENTS
- 34-8-253. Obedience to subpoena required; self-incrimination
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commissioner, the board of review, an...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 9. PROHIBITED AND VOID ACTS; OVERPAYMENTS
(a) Any person who has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled or while the person was...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 9. PROHIBITED AND VOID ACTS; OVERPAYMENTS
- 34-8-255. Effect of false statements and misrepresentations made to obtain or increase benefits
Any person who knowingly makes a false statement or misrepresentation as to a material fact or who knowingly fails to disclose a material fact to obtain or increase benefits under this chapter,...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 9. PROHIBITED AND VOID ACTS; OVERPAYMENTS
- 34-8-256. Penalties for false representation or fraudulent claims
(a) Any person who knowingly makes a false representation or knowingly fails to disclose a material fact to obtain or increase any benefit or payment under this chapter or under an employment...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
This article shall be known and may be cited as the Unemployment Tax Amnesty Program. ...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
- 34-8-271. Legislative findings, declarations, and intent
The General Assembly finds and declares that a public purpose is served by the waiver of interest on unemployment tax, penalties, and criminal prosecution in return for the immediate reporting and...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
As used in this article, the term: (1) Accounts receivable means an amount of unemployment contribution, tax, administrative assessment, reimbursement in lieu of contributions, penalty, or...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
- 34-8-273. Development and administration of program; applicability and time period of program
(a) The Commissioner shall develop and administer a one-time unemployment tax amnesty program as provided in this article. The Commissioner shall, upon the voluntary return and remission of...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
- 34-8-274. Application for amnesty; conditions of participation in program; installment payments; penalties or criminal action
(a) The provisions of this article shall apply to any eligible employer who files an application for amnesty within the time prescribed by the Commissioner and does the following: (1) Files...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
- 34-8-275. Amnesty granted to employers meeting requirements; exceptions
(a) Amnesty shall be granted for any employer who meets the requirements of Code Section 34-8-274 in accordance with the following: (1) For unemployment taxes which are owed as a result of the...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
- 34-8-276. Interest on installment agreements
All installment agreements authorized under subsection (c) of Code Section 34-8-274 shall bear interest on the outstanding amount of unemployment tax due at the rate prescribed under Code Section...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
- 34-8-277. Administrative regulations, forms, and instructions; publicizing program
The Commissioner shall promulgate administrative regulations as necessary, issue forms and instructions, and take all actions necessary to implement the provisions of this article. The...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
- 34-8-278. Accounting procedures; disposition of collections
For purposes of accounting for the unemployment contributions received pursuant to this chapter, the Commissioner shall maintain an accounting and reporting of funds collected under the amnesty...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
- 34-8-279. Collection fees
(a) In addition to all other penalties provided under this chapter or any other law, the Commissioner may by regulation impose after the expiration of the unemployment tax amnesty period a cost of...
- chapter 8. EMPLOYMENT SECURITY
- ARTICLE 10. UNEMPLOYMENT TAX AMNESTY
- 34-8-280. Debt collection services
The Commissioner may, for the purpose of collecting any delinquent unemployment tax due from an employer, contract with any debt collection agency or attorney doing business within or outside this...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-2.1. Exemption of corporate officers; limitation
(a) A corporate officer or a member of a limited liability company who elects to be exempt from coverage under this chapter shall make such election by giving written certification to the insurer...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-2.2. Eligibility of sole proprietor or partner for workers' compensation insurance
Any sole proprietor or partner of a business whose employees are eligible for benefits under this chapter may elect to be included as an employee under the workers' compensation insurance coverage...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-2.3. Election to provide workers' compensation coverage to farm laborers
Notwithstanding the provisions of subsection (a) of Code Section 34-9-2, relative to the exempt status of individuals employed as farm laborers, an employer of farm laborers may elect to provide...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-2.4. Workers' compensation coverage for persons performing voluntary services for Olympic Games; repealer
Repealed by Ga. L. 1995, p. 852, § 1, effective December 31, 1997. ...
- chapter to employers and employees -- Public employees generally
- 34-9-3. Applicability of chapter to employers and employees -- Public employees generally
Neither any municipal corporation within the state, nor any political subdivision of the state, nor any employee of any such corporation or subdivision shall have the right to reject the...
- chapter to employers and employees -- Pilots under contract to Georgia Forestry Commission
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- 34-9-5. Applicability of chapter to employers and employees -- Pilots under contract to Georgia Forestry Commission
Notwithstanding Code Section 34-9-1 or any other provision of law, this chapter shall not be deemed to apply to any airplane pilots or their assistants flying patrols for the Georgia Forestry...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-6. Retroactive inclusion of state and departments in definition of employer; resumption of payments of awards previously discontinued
So far as concerns the State of Georgia or any department thereof which has been operating under the terms of this chapter, the state and such departments thereof shall be deemed to have been...
- chapter to contracts between employers and employees covered by chapter
- 34-9-7. Presumption of applicability of chapter to contracts between employers and employees covered by chapter
Every contract of service between an employer and an employee covered by this chapter, whether such contract is written, oral, or implied, shall be presumed to have been made subject to this...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-8. Liability of principal contractor or subcontractor for employee injuries
(a) A principal, intermediate, or subcontractor shall be liable for compensation to any employee injured while in the employ of any of his subcontractors engaged upon the subject matter of the...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-9. Relief from penalty for failure or neglect to perform statutory duty
Nothing in this chapter shall be construed to relieve any employer or employee from any penalty for failure or neglect to perform any statutory duty. ...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-10. Relief of employer from obligations under chapter
No contract or agreement, written, oral, or implied, nor any rule, regulation, or other device shall in any manner operate to relieve any employer in whole or in part from any obligation created...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-11.1. Employee's or survivor's right of action against person other than employer; subrogation lien of employer; rights of employer or insurer upon failure of employee to bring action; attorney fees; retroactive application
(a) When the injury or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability against some person other than the employer, the injured...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-12. Employer's record of injuries; availability of board records; supplementary report on termination of disability; penalties; routine reports
(a) Every employer subject to the provisions of this chapter relative to the payment of compensation shall hereafter keep a record of all injuries, fatal or otherwise, received by his employees in...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-13. Definitions; persons presumed next of kin; apportionment of payments among partial and total dependents; termination of dependency
(a) As used in this Code section, the term: (1) Child includes dependent stepchildren, legally adopted children, posthumous children, and acknowledged children born out of wedlock but does...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-14. Provision of substitute systems of compensation; approval by board; grounds and procedure for termination
(a) Subject to the joint approval of the board and the Commissioner of Insurance, any employer may enter into or continue any agreement with its employees to provide a system of compensation,...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-15. Procedure for settlement between parties generally; approval by board; finality of settlement; lump sum settlements
(a) Nothing contained in this chapter shall be construed so as to prevent settlements made by and between the employee and employer but rather to encourage them, so long as the amount of...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-16. Settlement of questions if approved agreement cannot be reached
All questions arising under this chapter shall be determined by the trial division and the appellate division of the board if the interested parties cannot reach an agreement which is approved by...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-18. Civil penalties; costs of collection
(a) Any person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-19. Penalty for false or misleading statements when obtaining or denying benefits
Any person, firm, or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this chapter shall be...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-20. Giving of false evidence to board member
Any person who shall knowingly make, give, or produce any false statements or false evidence, under oath, to any member of the board or to any administrative law judge commits the offense of...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-21. Penalty for receiving unentitled to benefits
Any employee who, with the intent to defraud, receives and retains any income benefits to which he or she is not entitled shall be guilty of a misdemeanor and, upon conviction thereof, shall be...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-22. Penalty for receipt of unapproved fees or for solicitation of employment for lawyer or physician
Any physician, attorney, or hospital which receives any fee, other consideration, or any gratuity on account of services rendered under this chapter, unless such consideration or gratuity is...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-23. Liberal construction of chapter; purpose
This chapter shall be liberally construed only for the purpose of bringing employers and employees within the provisions of this chapter and to provide protection for both. This chapter is...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1. GENERAL PROVISIONS
- 34-9-24. Fraud and compliance unit; creation and duties; limitation on liability; authority; whistle blower protection
(a) There is established within the office of the State Board of Workers' Compensation a fraud and compliance unit. This unit shall assist the chairperson in administratively investigating...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1A. WORKERS' COMPENSATION TRUTH IN ADVERTISING ACT
- 34-9-30. Short title; purpose
(a) This article shall be known and may be cited as the Workers' Compensation Truth in Advertising Act of 1995. (b) The purpose of this article is to assure truthful and adequate disclosure of...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1A. WORKERS' COMPENSATION TRUTH IN ADVERTISING ACT
- 34-9-31. Notice required as part of television advertisement
Any television advertisement, with broadcast originating in this state, which solicits persons to file workers' compensation claims or to engage or consult an attorney, a medical care provider, or...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 1A. WORKERS' COMPENSATION TRUTH IN ADVERTISING ACT
- 34-9-32. Penalty for violation of notice requirement; advertiser defined
(a) Any advertiser who violates Code Section 34-9-31 is guilty of a misdemeanor and may be subject to a fine of not less than $1,000.00 nor more than $10,000.00 for each violation. (b) For the...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-40. State Board of Workers' Compensation created; appointment of members; powers and duties of board generally
There is created and established within the executive branch a board to be known as the State Board of Workers' Compensation, composed of three members who shall be appointed by the Governor for a...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-40.1. Workers' Compensation Advisory Council; appointment and terms of members; chairman; duties; service without compensation
Repealed by Ga. L. 2001, p. 873, § 10, effective July 1, 2001. ...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-42. Qualifications and roles of members
(a) The chairperson of the board shall be a person who, on account of his or her previous employment, affiliation, or experience, shall be considered knowledgeable of the concerns of the public at...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-43. Oath of office of members
Each member of the board, including the chairman thereof, shall, before entering upon the duties of his office, take an oath for the faithful discharge of his duties. ...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
Each member of the board, including the chairman thereof, shall, before entering upon the duties of his office, execute such bond as may be required by the Governor for the protection of the state...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-45. Removal of members
Any member of the board may be removed by the Governor for neglect of duty or malfeasance in office, provided written charges are served upon the member at least ten days prior to a hearing...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
Any two members of the board shall constitute a quorum for the transaction of any business or the rendering of any decision required by this chapter to be made by all of the members. ...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-47. Trial division and appellate division created; composition; sessions
(a) There is created and established within the State Board of Workers' Compensation a trial division and an appellate division, which shall exercise judicial functions in implementing this...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-48. Designation of members as appellate administrative law judges
All members of the board are designated as appellate administrative law judges in the appellate division of the State Board of Workers' Compensation for the purposes of serving as hearing officers...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-48.1. Senior administrative law judge of the board
(a) There is created the office of senior administrative law judge of the board. Any director or administrative law judge who is retired on July 1, 1991, or who shall retire after such date shall...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-49. Appointment and removal of executive director
(a) There is created the position of executive director of the board. The executive director shall be both appointed and removed by the board. Subject to the general policy established by the...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-50. Appointment of secretary-treasurer; employment of clerical and other assistants; payment of salaries and expenses of members, deputy directors, and assistants
Reserved. Repealed by Ga. L. 1988, p. 1679, § 8, effective July 1, 1988. ...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-51. Payment by state of traveling expenses of members, administrative law judges, and assistants
The members, administrative law judges, and assistants of the State Board of Workers' Compensation shall be entitled to receive their actual and necessary expenses while traveling on the business...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-52. Officials, personnel, and employees subject to state merit system; compensation of board members and administrative law judges
(a) All members of the board, including the chairman thereof, shall be in the unclassified service, as defined in Code Section 45-20-2, and shall not be subject to the laws and rules and...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-54. Directors emeritus of board -- Term of office; compensation
All persons appointed to the office of director emeritus of the board, as provided and created by Code Section 34-9-53, shall hold such office for life. A director emeritus shall receive an annual...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-55. Directors emeritus of board -- Duties
It shall be the duty of a director emeritus of the board to serve in an advisory capacity to the board and to lend his advice and counsel concerning matters of administration of this chapter when...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-56. Directors emeritus of board -- Filling of board vacancies caused by appointment of director emeritus
Vacancies on the board caused by the resignation of a member of the board and his appointment as director emeritus as provided in Code Section 34-9-53 shall be filled in the manner prescribed by...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-57. Creation of administrative law judge emeritus of board; eligibility for appointment; manner of appointment; compensation
There is created the office of administrative law judge emeritus of the board. Any administrative law judge, formerly known as deputy director, of the board now or hereafter in office shall be...
- chapter generally
- 34-9-58. Powers and duties of board as to enforcement of chapter generally
The State Board of Workers' Compensation shall exercise all powers and perform all the duties relating to the enforcement of this chapter. ...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-59. Adoption of rules of procedure
The board is empowered and authorized to adopt proper rules of procedure to govern the exercise of its functions and hearings before the board or any of its members or administrative law judges. ...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-61. Publication of blank forms and literature; publication of tabulations of accident reports
(a) The board shall prepare and cause to be printed and, upon request, shall furnish free of charge to any employee or employer such blank forms and literature as it shall deem necessary to...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-62. Limitations on authority of Commissioner of Labor with respect to officers or employees of board
Reserved. Repealed by Ga. L. 1988, p. 1679, § 15, effective July 1, 1988. ...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 2. ADMINISTRATION
- 34-9-63. Proration of board's expenses; required annual reports and statements; audit of board; collection of delinquent assessments
(a) The total expenses of the board shall be prorated among the qualified insurance companies writing compensation insurance in this state, hereinafter referred to as insurers, and employers...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 3. PROCEDURE
- PART 1. CLAIMS AND NOTICE OF ACCIDENT
- 34-9-80. Procedure for giving notice of accident; requirements of written notice; effect of failure to give notice
Every injured employee or his representative shall, immediately on the occurrence of any accident or as soon thereafter as practicable, give or cause to be given to the employer, his agent,...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 3. PROCEDURE
- PART 1. CLAIMS AND NOTICE OF ACCIDENT
- 34-9-81. Contents of written notice; manner of delivery
The written notice provided for in Code Section 34-9-80 shall state in ordinary language the name and address of the employee, the time, place, nature, and cause of the accident and of the...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 3. PROCEDURE
- PART 1. CLAIMS AND NOTICE OF ACCIDENT
- 34-9-82. Limitation period and procedure for filing claims
(a) The right to compensation shall be barred unless a claim therefor is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 3. PROCEDURE
- PART 1. CLAIMS AND NOTICE OF ACCIDENT
- 34-9-83. Priority of claims
All rights of compensation under this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for claims for unpaid wages...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 3. PROCEDURE
- PART 1. CLAIMS AND NOTICE OF ACCIDENT
- 34-9-84. Assignability of claims
No claim for compensation under this chapter shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors. ...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 3. PROCEDURE
- PART 1. CLAIMS AND NOTICE OF ACCIDENT
- 34-9-85. Claim by guardian or trustee of mental incompetent or minor
If an injured employee is mentally incompetent or is under 18 years of age at the time any right or privilege accrues to him under this chapter, his guardian or trustee may claim and exercise such...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 3. PROCEDURE
- PART 1. CLAIMS AND NOTICE OF ACCIDENT
- 34-9-86. Applicability of time limits to mental incompetents, minors, and persons proceeding against defunct corporations
No limitation of time provided in this chapter for the giving of notice or making claim shall apply to any person who is mentally incompetent or a minor dependent, as long as he has no guardian or...
- chapter 9. WORKERS' COMPENSATION
- ARTICLE 3. PROCEDURE
- PART 2. HEARING AND APPEALS
- 34-9-100. Filing of claims with board; investigation or mediation