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GA SB401
Bill
Status
Introduced
2/20/2014
Primary Sponsor
Nan Orrock
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AI Summary
- Amends Georgia's Employment Security Law (Code Section 34-8-35) to establish a presumption that all services performed by an individual for wages are deemed "employment" unless the Department of Labor determines otherwise based on submitted evidence
- Requires evidence demonstrating freedom from employer control, including that the individual: is not prohibited from working for other companies, can accept or reject assignments without consequence, has no prescribed minimum hours or sales quotas, sets their own schedule, and receives only minimal instructions with no direct supervision
- Additionally requires that the individual be customarily engaged in an independently established trade, occupation, profession, or business to qualify as a non-employee
- Provides an alternative exemption if the individual and services are the subject of an IRS SS-8 determination that decided against employee status
- Grants the Commissioner of Labor authority to prescribe rules and regulations for determining whether an individual's conduct demonstrates an employment relationship
Legislative Description
Employment Security; definition of employment applicable to the "Employment Security Law"; provisions
Last Action
Senate Read and Referred
2/21/2014
Full Bill Text
No bill text available