| 1 | 1 | | 25 LC 55 0465 |
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| 2 | 2 | | House Bill 343 |
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| 3 | 3 | | By: Representatives Sanchez of the 42 |
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| 4 | 4 | | nd |
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| 5 | 5 | | , McClain of the 109 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Jackson of the 68 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Berry of |
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| 10 | 10 | | the 56 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Jones of the 60 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Titles 34 and 42 of the Official Code of Georgia Annotated, relating to labor and |
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| 18 | 18 | | 1 |
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| 19 | 19 | | industrial relations and penal institutions, respectively, so as to enact the "Georgia Living2 |
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| 20 | 20 | | Wage Act"; to comprehensively revise provisions regarding minimum wage to guarantee a3 |
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| 21 | 21 | | $20.00 per hour minimum wage to all Georgians; to provide for an increase in the minimum4 |
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| 22 | 22 | | wage; to provide for annual minimum wage increases to match the rising cost of living; to5 |
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| 23 | 23 | | revise the eligibility exemptions from the minimum wage; to repeal provisions relating to6 |
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| 24 | 24 | | preemption of local employment benefits mandates; to provide for a private cause of action7 |
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| 25 | 25 | | against retaliation by employers; to provide a criminal penalty; to provide for legislative8 |
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| 26 | 26 | | findings and declarations; to provide for construction; to repeal provisions concerning9 |
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| 27 | 27 | | exemptions to state minimum wage for persons with disabilities; to provide that no employer10 |
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| 28 | 28 | | shall utilize a certificate issued by the United States Department of Labor pursuant to 2911 |
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| 29 | 29 | | U.S.C. Section 214(c) to pay individuals with disabilities less than the federal minimum12 |
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| 30 | 30 | | wage; to require the payment of minimum wage for inmate labor; to revise authorized13 |
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| 31 | 31 | | deductions from inmate wages; to provide for a short title; to provide for related matters; to14 |
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| 32 | 32 | | provide an effective date; to repeal conflicting laws; and for other purposes.15 |
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| 33 | 33 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 |
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| 34 | 34 | | H. B. 343 |
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| 35 | 35 | | - 1 - 25 LC 55 0465 |
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| 36 | 36 | | SECTION 1. |
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| 37 | 37 | | 17 |
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| 38 | 38 | | This Act shall be known and may be cited as the "Georgia Living Wage Act."18 |
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| 39 | 39 | | SECTION 2.19 |
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| 40 | 40 | | Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,20 |
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| 41 | 41 | | is amended by adding a new Code section to read as follows:21 |
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| 42 | 42 | | "34-4-1.1. |
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| 43 | 43 | | 22 |
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| 44 | 44 | | (a) The General Assembly finds and declares that it is good public policy, and in the23 |
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| 45 | 45 | | interest of all Georgians, to guarantee a living wage for all workers. The General24 |
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| 46 | 46 | | Assembly more specifically finds and declares that a living wage enables Georgians to25 |
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| 47 | 47 | | provide for themselves and their families without having to sacrifice basic needs. 26 |
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| 48 | 48 | | Furthermore, a living wage will increase consumption and allow Georgians to pay their27 |
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| 49 | 49 | | bills on time, which benefits our economy and businesses.28 |
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| 50 | 50 | | (b) It is the intent of the General Assembly that this chapter shall be broadly construed to29 |
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| 51 | 51 | | give substantial effect to the minimum wage requirements provided herein as a living wage30 |
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| 52 | 52 | | for all Georgians and that any exceptions to the minimum wage requirements that may be31 |
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| 53 | 53 | | found in this Code shall be interpreted narrowly, so as not to impair the broad construction32 |
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| 54 | 54 | | of this chapter."33 |
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| 55 | 55 | | SECTION 3.34 |
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| 56 | 56 | | Said title is further amended by revising Code Section 34-4-3, relating to amount of35 |
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| 57 | 57 | | minimum wage to be paid by employers and the employers and employees covered by36 |
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| 58 | 58 | | chapter, as follows:37 |
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| 59 | 59 | | "34-4-3.38 |
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| 60 | 60 | | (a)(1) Except as otherwise provided in this Code section, every employer, whether a39 |
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| 61 | 61 | | person, firm, or corporation, shall pay to all covered employees a minimum wage which40 |
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| 62 | 62 | | shall be not less than $5.15 $20.00 per hour for each hour worked in the employment of41 |
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| 63 | 63 | | H. B. 343 |
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| 64 | 64 | | - 2 - 25 LC 55 0465 |
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| 65 | 65 | | such employer. For purposes of determining whether an employer has paid an employee42 |
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| 66 | 66 | | the minimum wage, no gratuities, tips, or other forms of voluntary payments paid to such43 |
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| 67 | 67 | | employee by third parties shall count or otherwise be credited toward the wages paid to44 |
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| 68 | 68 | | such employee by such employer.45 |
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| 69 | 69 | | (2)(A) On January 1, 2027, and on January 1 of each successive year thereafter, the46 |
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| 70 | 70 | | minimum wage shall be adjusted upwards to reflect the increase in the cost of living,47 |
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| 71 | 71 | | if any, as determined by the Georgia Department of Labor pursuant to subparagraph (B)48 |
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| 72 | 72 | | of this paragraph.49 |
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| 73 | 73 | | (B) On September 30, 2026, and on September 30 of each successive year thereafter,50 |
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| 74 | 74 | | the Georgia Department of Labor shall measure the increase in the cost of living as51 |
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| 75 | 75 | | being the percentage increase as of the preceding July over the July level of the52 |
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| 76 | 76 | | immediately preceding year according to the Consumer Price Index for Urban Wage53 |
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| 77 | 77 | | Earners and Clerical Workers or such successor index as published by the United States54 |
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| 78 | 78 | | Department of Labor or its successor agency.55 |
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| 79 | 79 | | (C) Each adjusted minimum wage rate calculated pursuant to subparagraph (B) of this56 |
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| 80 | 80 | | paragraph shall be published on or before November 1 and shall take effect on the57 |
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| 81 | 81 | | following January 1.58 |
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| 82 | 82 | | (b) This chapter shall not apply with respect to any employer whose sole employee is the59 |
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| 83 | 83 | | sole owner or sole proprietor of such employer:60 |
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| 84 | 84 | | (1) Any employer that has sales of $40,000.00 per year or less;61 |
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| 85 | 85 | | (2) Any employer having five employees or less;62 |
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| 86 | 86 | | (3) Any employer of domestic employees;63 |
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| 87 | 87 | | (4) Any employer who is a farm owner, sharecropper, or land renter;64 |
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| 88 | 88 | | (5) Any employee whose compensation consists wholly or partially of gratuities;65 |
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| 89 | 89 | | (6) Any employee who is a high school or college student;66 |
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| 90 | 90 | | (7) Any individual who is employed as a newspaper carrier; or67 |
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| 91 | 91 | | H. B. 343 |
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| 92 | 92 | | - 3 - 25 LC 55 0465 |
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| 93 | 93 | | (8) Any individual who is employed by a nonprofit child-caring institution or long-term68 |
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| 94 | 94 | | care facility serving children or mentally disabled adults who are enrolled in such69 |
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| 95 | 95 | | institution and reside in residential facilities of the institution, if such employee resides70 |
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| 96 | 96 | | in such facilities, receives without cost board and lodging from such institution, and is71 |
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| 97 | 97 | | compensated on a cash basis at an annual rate of not less than $10,000.00.72 |
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| 98 | 98 | | (c) This chapter shall not apply to any employer who is subject to the minimum wage73 |
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| 99 | 99 | | provisions of any act of Congress as to employees covered thereby if such act of Congress74 |
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| 100 | 100 | | provides for a minimum wage which is greater than the minimum wage which is provided75 |
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| 101 | 101 | | for in this Code section."76 |
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| 102 | 102 | | SECTION 4.77 |
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| 103 | 103 | | Said title is further amended by repealing in its entirety Code Section 34-4-3.1, relating to78 |
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| 104 | 104 | | wages, employment benefits, and scheduling by local government entities.79 |
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| 105 | 105 | | SECTION 5.80 |
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| 106 | 106 | | Said title is further amended by repealing in its entirety Code Section 34-4-4, relating to81 |
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| 107 | 107 | | authority of Commissioner to grant exceptions from operation of chapter, and designating82 |
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| 108 | 108 | | said Code section as reserved.83 |
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| 109 | 109 | | SECTION 6.84 |
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| 110 | 110 | | Said title is further amended by revising Code Section 34-4-6, relating to action to recover85 |
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| 111 | 111 | | difference where employee paid less than minimum wage, as follows:86 |
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| 112 | 112 | | "34-4-6.87 |
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| 113 | 113 | | (a) If any employer pays any employee a lesser amount than the minimum wage provided88 |
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| 114 | 114 | | in this chapter, the employee, at any time within three years, may bring a civil action in89 |
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| 115 | 115 | | superior court for the recovery of the difference between the amount paid and the minimum90 |
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| 116 | 116 | | wage provided in this chapter, plus an additional amount equal to the original claim, which91 |
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| 117 | 117 | | H. B. 343 |
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| 118 | 118 | | - 4 - 25 LC 55 0465 |
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| 119 | 119 | | shall be allowed as liquidated damages, together with costs and such reasonable attorney's |
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| 120 | 120 | | 92 |
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| 121 | 121 | | fees as may be allowed by the court. No contract or agreement between any employer and93 |
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| 122 | 122 | | his or her |
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| 123 | 123 | | employees nor any acceptance of a lesser wage by any employee shall bar the94 |
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| 124 | 124 | | ability of an employee to bring an action under this subsection.95 |
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| 125 | 125 | | (b)(1) As used in this subsection, the term 'retaliate' or 'retaliation' means and refers to96 |
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| 126 | 126 | | the discharge, suspension, demotion, or any other adverse employment action taken as97 |
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| 127 | 127 | | to the terms or conditions of employment.98 |
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| 128 | 128 | | (2) No employer shall retaliate against an employee for such employee bringing an99 |
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| 129 | 129 | | action against such employer for recovery of wages pursuant to subsection (a) of this100 |
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| 130 | 130 | | Code section or otherwise seeking recovery of unpaid wages from such employer. Any101 |
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| 131 | 131 | | employer who retaliates against an employee in violation of this paragraph shall be guilty102 |
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| 132 | 132 | | of a misdemeanor.103 |
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| 133 | 133 | | (3) An employee who has been the object of retaliation in violation of this paragraph104 |
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| 134 | 134 | | may institute a civil action in superior court for relief as set forth in paragraph (4) of this105 |
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| 135 | 135 | | subsection within one year after discovering the retaliation or within three years after the106 |
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| 136 | 136 | | retaliation, whichever is earlier.107 |
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| 137 | 137 | | (4) In any civil action brought pursuant to this subsection, the court may order any or all108 |
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| 138 | 138 | | of the following relief:109 |
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| 139 | 139 | | (A) An injunction restraining continued violation of paragraph (2) of this subsection;110 |
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| 140 | 140 | | (B) Reinstatement of the employee to the same position held before the retaliation or111 |
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| 141 | 141 | | to an equivalent position;112 |
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| 142 | 142 | | (C) Reinstatement of full fringe benefits and seniority rights;113 |
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| 143 | 143 | | (D) Compensation for lost wages, benefits, and other remuneration;114 |
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| 144 | 144 | | (E) Any other compensatory damages allowable at law; or115 |
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| 145 | 145 | | (F) Punitive damages.116 |
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| 146 | 146 | | H. B. 343 |
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| 147 | 147 | | - 5 - 25 LC 55 0465 |
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| 148 | 148 | | (5) In any civil action brought pursuant to this subsection, the question of damages shall117 |
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| 149 | 149 | | be determined by the jury and the court shall award reasonable attorney's fees, court118 |
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| 150 | 150 | | costs, and expenses to a prevailing employee."119 |
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| 151 | 151 | | SECTION 7.120 |
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| 152 | 152 | | Said title is further amended in Code Section 34-6A-4, relating to prohibited discriminatory121 |
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| 153 | 153 | | activities, by adding a new subsection to read as follows:122 |
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| 154 | 154 | | "(a.1) No employer shall utilize a certificate issued by the United States Department of123 |
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| 155 | 155 | | Labor pursuant to 29 U.S.C. Section 214(c) to pay individuals with disabilities who are124 |
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| 156 | 156 | | employed by such employer less than the minimum wage required to be paid by employers125 |
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| 157 | 157 | | to employees under federal law."126 |
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| 158 | 158 | | SECTION 8.127 |
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| 159 | 159 | | Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended128 |
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| 160 | 160 | | in Code Section 42-5-59, relating to employment of inmates in the local community, by129 |
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| 161 | 161 | | revising subsection (b) as follows:130 |
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| 162 | 162 | | "(b) An inmate authorized to work at paid employment in the community under131 |
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| 163 | 163 | | subsection (a) of this Code section shall be paid for any labor provided at the market wage132 |
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| 164 | 164 | | comparable to that which would be paid to a person who is not incarcerated, which shall133 |
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| 165 | 165 | | in no event be less than the minimum wage required to be paid to employees under Code134 |
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| 166 | 166 | | Section 34-4-3, and shall comply with all rules and regulations promulgated by the board135 |
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| 167 | 167 | | relative to the handling, disbursement, and holding in trust of all funds earned by the136 |
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| 168 | 168 | | inmate while under the jurisdiction of the department. An amount determined to be the137 |
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| 169 | 169 | | cost of the inmate's keep and confinement shall be deducted from the earnings of each138 |
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| 170 | 170 | | inmate, and such amount shall be deposited in the treasury of the department; provided,139 |
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| 171 | 171 | | however, that, if the inmate is assigned to a county correctional institution, the deducted140 |
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| 172 | 172 | | amount shall be deposited in the treasury of the county to which the inmate is assigned.141 |
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| 173 | 173 | | H. B. 343 |
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| 174 | 174 | | - 6 - 25 LC 55 0465 |
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| 175 | 175 | | After the deduction for keep and confinement, the With respect to such wages, the142 |
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| 176 | 176 | | commissioner shall:143 |
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| 177 | 177 | | (1) Allow the inmate to draw from the balance a reasonable sum to cover his incidental144 |
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| 178 | 178 | | expenses;145 |
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| 179 | 179 | | (2) Retain to the inmate's credit an amount as is deemed necessary to accumulate a146 |
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| 180 | 180 | | reasonable sum to be paid to him on his release from the penal institution;147 |
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| 181 | 181 | | (3) Deduct from the inmate's funds any amounts amount necessary to cover the costs of148 |
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| 182 | 182 | | medical or dental attention provided to the inmate, said. Such deductions to shall be149 |
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| 183 | 183 | | made in accordance with policies and procedures promulgated by the commissioner;150 |
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| 184 | 184 | | provided, however, that no deductions shall be made under this paragraph if such151 |
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| 185 | 185 | | deductions would cause the inmate to receive less than the minimum wage required to be152 |
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| 186 | 186 | | paid to employees under Code Section 34-4-3; and153 |
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| 187 | 187 | | (4) Cause to be paid any additional balance as is needed for the support of the inmate's154 |
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| 188 | 188 | | dependents."155 |
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| 189 | 189 | | SECTION 9.156 |
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| 190 | 190 | | Said title is further amended in Code Section 42-5-60, relating to hiring out of inmates,157 |
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| 191 | 191 | | participation of inmates in programs of volunteer service, sale of products produced by158 |
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| 192 | 192 | | inmates, disposition of proceeds, and payment to inmates for services, by revising subsection159 |
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| 193 | 193 | | (c) as follows:160 |
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| 194 | 194 | | "(c) Funds arising from the sale of goods or other products manufactured or produced by161 |
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| 195 | 195 | | any state correctional institution operated by the department shall be deposited with the162 |
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| 196 | 196 | | treasury of the department. The funds arising from the sale of goods and products163 |
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| 197 | 197 | | produced in a county correctional institution or from the hiring out of inmates shall be164 |
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| 198 | 198 | | placed in the treasury or depository of the county, as the case may be. The department is165 |
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| 199 | 199 | | authorized shall, pursuant to rules and regulations adopted by the board, to pay166 |
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| 200 | 200 | | compensation of not more less than $25.00 per month the market wage comparable to that167 |
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| 201 | 201 | | H. B. 343 |
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| 202 | 202 | | - 7 - 25 LC 55 0465 |
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| 203 | 203 | | which would be paid to a person who is not incarcerated, which shall in no event be less168 |
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| 204 | 204 | | than the minimum wage required to be paid to employees under Code Section 34-4-3, from169 |
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| 205 | 205 | | funds available to the department to each inmate employed in any industry."170 |
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| 206 | 206 | | SECTION 10.171 |
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| 207 | 207 | | Said title is further amended in Code Section 42-5-120, relating to rules and regulations and172 |
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| 208 | 208 | | requirements, by revising subsection (b) as follows:173 |
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| 209 | 209 | | "(b) The rules and regulations for the work programs authorized by this article shall174 |
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| 210 | 210 | | include but not be limited to rules requiring:175 |
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| 211 | 211 | | (1) Assurance that inmates' work is voluntary and that there shall be no retribution176 |
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| 212 | 212 | | against inmates who do not volunteer;177 |
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| 213 | 213 | | (2) Payment of inmates at wages at a rate not less than that paid for work of a similar178 |
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| 214 | 214 | | nature in the locality in which the work is to be performed, which shall in no event be less179 |
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| 215 | 215 | | than the minimum wage required to be paid to employees under Code Section 34-4-3;180 |
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| 216 | 216 | | (3) Provision of federal and state governmental benefits to participating inmates181 |
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| 217 | 217 | | comparable to governmental benefits provided for similarly situated private sector182 |
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| 218 | 218 | | employees; 183 |
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| 219 | 219 | | (4) Selection of participating inmates with careful attention to security issues;184 |
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| 220 | 220 | | (5) Appropriate supervision of inmates during travel and employment outside the185 |
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| 221 | 221 | | correctional institution;186 |
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| 222 | 222 | | (6) Assurance that inmate labor will not result in the displacement of employed workers;187 |
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| 223 | 223 | | be applied in skills, crafts, or trades in which there is a surplus of available gainful labor188 |
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| 224 | 224 | | in the locality; or impair existing contracts for services;189 |
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| 225 | 225 | | (7) Consultations with local private businesses that may be economically impacted;190 |
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| 226 | 226 | | (8) Consultations with local labor union organizations and other local employee groups,191 |
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| 227 | 227 | | especially those who have an interest in the trade or skill to be performed by the inmates;192 |
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| 228 | 228 | | and193 |
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| 229 | 229 | | H. B. 343 |
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| 230 | 230 | | - 8 - 25 LC 55 0465 |
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| 231 | 231 | | (9) Procedures for deductions from inmate wages for federal, state, and local taxes; |
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| 232 | 232 | | 194 |
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| 233 | 233 | | reasonable charges for room and board; court-ordered child support and voluntary family195 |
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| 234 | 234 | | support; and payments to the Georgia Crime Victims Emergency Fund of not less than196 |
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| 235 | 235 | | 5 percent nor greater than 20 percent of gross wages, in compliance with Prison Industry197 |
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| 236 | 236 | | Enhancement Certification Program requirements."198 |
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| 237 | 237 | | SECTION 11.199 |
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| 238 | 238 | | This Act shall become effective on January 1, 2026.200 |
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| 239 | 239 | | SECTION 12.201 |
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| 240 | 240 | | All laws and parts of laws in conflict with this Act are repealed. 202 |
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| 241 | 241 | | H. B. 343 |
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| 242 | 242 | | - 9 - |
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