07 LC 35
0327
House
Bill 572
By:
Representatives Beasley-Teague of the
65th,
Brooks of the
63rd,
Mitchell of the
88th,
Mangham of the
94th,
and Stephenson of the
92nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 34 of the Official Code of Georgia Annotated, relating to labor and
industrial relations, so as to require the State of Georgia and certain
employers who contract with or receive financial assistance from the state or a
state agency to pay its employees a living wage; to provide definitions; to
provide the method of computing a living wage; to provide for notice
requirements; to provide for recordkeeping; to prohibit employer retaliation; to
authorize the Commissioner of Labor to enforce the provisions of this chapter;
to authorize the Commissioner of Labor to adopt applicable rules; to provide for
claims; to provide for penalties; to provide for related matters; to provide for
applicability; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, is amended by inserting immediately following Chapter 4 a new Chapter
4A to read as follows:
"CHAPTER
4A
34-4A-1.
As
used in this chapter, the term:
(1)
'Commissioner' means the Commissioner of Labor.
(2)
'Department' means the Department of Labor.
(3)
'Employee' means an individual who performs work on a full-time, part-time,
temporary, or seasonal basis, and includes employees as defined in the common
law, independent contractors, and contingent or contracted workers, including
persons made available to work through the services of a staffing, temporary, or
employment agency, who are actually working:
(A)
For the State of Georgia; or
(B)
In direct furtherance of a service contract that is covered under paragraph (8)
of this Code section.
(4)
'Employer' means either:
(A)
The State of Georgia;
(B)
A person that contracts with the State of Georgia through a state agency to
provide services valued at $10,000.00 or more;
(C)
A person that subcontracts for delivery of services to the State of Georgia
through a state agency under a contract covered by subparagraph (B) of this
paragraph; or
(D)
A person that receives economic development incentives from the state or a state
agency in an aggregate sum of $50,000.00 or more in the form of any loan, grant,
tax incentive or abatement, tax increment financing, bond financing, subsidy, or
other form of financial assistance.
(5)
'Fair market rent' means the most recent fair market rent established by the
United States Department of Housing and Urban Development for a two-bedroom
dwelling in a market area.
(6)
'Living wage' means the rate established by the department as the minimum hourly
wage rate that shall be paid to an employee by an employer pursuant to the
formula set forth in Code Section 34-4A-3 of this chapter.
(7)
'Market area' means the area designated by the United States Department of
Housing and Urban Development in which the employer´s office is located at
which an employee works or is based.
(8)
'Person' means one or more of the following or their agents, employees, and
representatives: individuals, corporations, partnerships, joint ventures,
associations, labor organizations, educational institutions, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees, trustees
in bankruptcies, receivers, fiduciaries, and all other entities recognized by
law by this state.
(9)
'Service contract' means a contract with the state or a state agency primarily
for the furnishing of services to or for the state or a state agency for an
aggregate annual sum of $10,000.00 or more.
(10)
'State' means:
(A)
The State of Georgia;
(B)
Any state agency as defined in paragraph (11) of this Code section;
and
(C)
Any elected official of the State of Georgia.
(11)
'State agency' means:
(A)
A board, commission, department, authority, office, or other agency in the
executive branch of state government that is created by the Constitution or a
statute of this state, including an institution of higher education as defined
by Title 20;
(B)
The General Assembly or an agency of the General Assembly; or
(C)
The Supreme Court of Georgia, the Court of Appeals of Georgia and other courts,
a state judicial agency, or the State Bar of Georgia.
34-4A-2.
(a)
An employer shall pay an employee no less than the living wage for the market
area computed under Code Section 34-4A-3.
(b)
The Commissioner shall calculate the living wage on an annual basis and shall
publish the wage rate on July 1 of each year.
(c)
Each contract for services entered into by a state agency under Chapter 5 of
Title 50 shall include a living wage clause. The living wage clause shall
require the contracting employer to pay all employees working under the contract
at least a living wage as published by the Commissioner and shall require the
contracting employer to include a similar clause in every subcontract for
services.
34-4A-3.
The
living wage for a market area is computed by:
(1)
Multiplying the fair market rent for the market area by three to obtain the
gross monthly income;
(2)
Multiplying the gross monthly income by 12 to obtain the gross yearly income;
and
(3)
Dividing the gross yearly income by 2,080 to obtain the hourly
wage.
34-4A-4.
(a)
An employer shall post a notice as prescribed by the Commissioner by rule
regarding the living wage required by this chapter. The notice must be posted
at conspicuous places at each of the employer´s places of
business.
(b)
The notice must include the living wage rate and the telephone number of the
Commissioner for information about the living wage requirement and procedures
for filing a claim.
34-4A-5.
An
employer shall keep full and accurate payroll records for each employee subject
to this chapter and shall report that information periodically to the
Commissioner as prescribed by department regulation.
34-4A-6.
(a)
The Commissioner shall adopt rules for monitoring compliance by employers with
this chapter.
(b)
The Commissioner may require reports, conduct investigations, and take other
action it considers necessary to implement this chapter.
(c)
The Commissioner shall file a report annually with the General Assembly
regarding the operation of the living wage requirement.
34-4A-7.
An
employer may not retaliate or discriminate against an employee who, under this
chapter:
(1)
Makes or files a complaint; or
(2)
Testifies, assists, or participates in any manner in any investigation,
proceeding, or hearing.
34-4A-8.
(a)
A claim may be filed with the Commissioner by an employee or former employee
who:
(1)
Is not paid a living wage as required by this chapter; or
(2)
Is retaliated or discriminated against in violation of this
chapter.
(b)
A claim must be filed under this Code section not later than the first
anniversary of:
(1)
The violation giving rise to the claim; or
(2)
The date the employee or former employee knows, or has reason to know, of the
violation giving rise to the claim.
(c)
The Commissioner shall investigate a claim filed under this Code section, make a
preliminary determination on whether a violation has occurred, and recommend a
penalty.
(d)
The Commissioner shall mail notice of the preliminary determination to the
employer and the complainant at each party´s last known address, as
reflected by department records.
(e)
Either party may request a hearing to contest the preliminary determination
according to department rules.
34-4A-9.
(a)
The Commissioner may assess an administrative penalty against an employer
determined to be in violation of this chapter.
(b)
In addition to an administrative penalty under subsection (a) of this Code
section, the Commissioner may by order take one or more of the following
actions:
(1)
Withhold payment or money due the employer in an amount sufficient to pay the
wages of the employee or former employee;
(2)
Terminate, cancel, or suspend the service contract or financial assistance
agreement, in whole or in part; or
(3)
Disqualify the employer from contracting with or receiving financial assistance
from the state or a state agency, or from working on a service contract, for a
period of up to three years.
34-4A-10.
(a)
A party may seek judicial review of the Commissioner´s order.
(b)
An employee or former employee who files suit under subsection (a) of this Code
section may be awarded reinstatement, back pay, damages, attorney´s fees,
court costs, and other equitable relief as may be appropriate.
34-4A-11.
Nothing
in this chapter shall be construed as prohibiting or conflicting with any other
obligation or law, including any collective bargaining agreement, that mandates
the provision of higher wages, benefits, or protections to employees. No part
of this chapter shall be construed as applying to any employee where such
coverage would be preempted by federal or state law.
34-4A-12.
The
Commissioner of Labor shall administer and enforce this chapter and may make
rules and regulations for such administration."
SECTION
2.
The
provisions of this Act shall be applicable only to a service contract or
financial assistance agreement made or renewed on or after July 1, 2007. A
service contract or financial assistance agreement made or renewed before that
date is governed by the law in effect at the time the service contract or
financial assistance agreement was made or renewed, and the former law is
continued in effect for that purpose.
SECTION
3.
This
Act shall become effective on July 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.