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GA HB839
Bill
Status
Introduced
1/29/2020
Primary Sponsor
Todd Jones
Click for details
AI Summary
- Services performed by an individual for wages are presumed to be employment under Georgia's Employment Security Law unless the Department of Labor determines, based on evidence, that the individual is free from control or direction and is customarily engaged in an independent trade or business, or has received an IRS SS-8 determination against employee status.
- The Department of Labor must evaluate seven factors under a totality-of-the-circumstances test, including whether the worker can hold other employment, set their own schedule, accept or reject assignments without consequence, and work without direct oversight or geographic restrictions.
- Employers that misclassify workers face a civil penalty of $10,000 per misclassified individual, with penalty funds deposited into the state general fund and intended to be appropriated back to the Department for enforcement.
- Violating employers may also be assessed the Department's reasonable investigation expenses and 1% monthly interest on any delinquent fines or assessments; the Commissioner has discretion to waive penalties.
- Employers are prohibited from retaliating against individuals who report violations, with affected individuals able to file a civil action in superior court within one year of discovering retaliation (or three years after it occurred) seeking reinstatement, lost wages, compensatory damages, treble and punitive damages for willful violations, and attorney's fees.
Legislative Description
Employment security; change definition of employment to include services performed by an individual for wages
Last Action
House Second Readers
1/31/2020
Full Bill Text
No bill text available