| 1 | 1 | | 25 LC 52 0729 |
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| 2 | 2 | | House Bill 395 |
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| 3 | 3 | | By: Representatives McClain of the 109 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Hugley of the 141 |
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| 6 | 6 | | st |
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| 7 | 7 | | , Alexander of the 66 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Jones |
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| 10 | 10 | | of the 60 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Jackson of the 68 |
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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 Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | minimum wage law, so as to provide for an increase in the minimum wage; to provide a2 |
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| 20 | 20 | | credit toward the minimum wage for employers of tipped workers; to eliminate various3 |
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| 21 | 21 | | eligibility exemptions from the minimum wage; to provide for related matters; to provide an4 |
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| 22 | 22 | | effective date; to repeal conflicting laws; and for other purposes.5 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 24 | 24 | | SECTION 1.7 |
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| 25 | 25 | | Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage8 |
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| 26 | 26 | | law, is amended by revising Code Section 34-4-3, relating to amount of minimum wage to9 |
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| 27 | 27 | | be paid by employers and employers and employees covered by chapter, as follows:10 |
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| 28 | 28 | | "34-4-3.11 |
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| 29 | 29 | | (a) Except as otherwise provided in this Code section, every employer, whether a person,12 |
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| 30 | 30 | | firm, or corporation, shall pay to all covered employees a minimum wage which shall be13 |
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| 31 | 31 | | not less than $5.15 |
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| 32 | 32 | | $15.00 per hour for each hour worked in the employment of such14 |
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| 33 | 33 | | employer.15 |
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| 34 | 34 | | H. B. 395 |
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| 35 | 35 | | - 1 - 25 LC 52 0729 |
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| 36 | 36 | | (b) Employers of employees that meet the eligibility requirements for the tip credit under16 |
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| 37 | 37 | | the federal Fair Labor Standards Act, 29 U.S.C. Section 203(t), may credit tips toward the17 |
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| 38 | 38 | | satisfaction of up to 50 percent of the minimum wage provided by this Code section.18 |
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| 39 | 39 | | (b)(c) This chapter shall not apply with respect to:19 |
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| 40 | 40 | | (1) Any employer that has sales of $40,000.00 $100,000.00 per year or less;20 |
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| 41 | 41 | | (2) Any employer having five employees or less;21 |
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| 42 | 42 | | (3) Any employer of domestic employees;22 |
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| 43 | 43 | | (4) Any employer who is a farm owner, sharecropper, or land renter;23 |
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| 44 | 44 | | (5) Any employee whose compensation consists wholly or partially of gratuities;24 |
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| 45 | 45 | | (6)(3) Any employee who is a high school or college student;25 |
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| 46 | 46 | | (7)(4) Any individual who is employed as a newspaper carrier; or26 |
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| 47 | 47 | | (8)(5) Any individual who is employed by a nonprofit child-caring institution or27 |
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| 48 | 48 | | long-term care facility serving children or mentally disabled adults who are enrolled in28 |
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| 49 | 49 | | such institution and reside in residential facilities of the institution, if such employee29 |
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| 50 | 50 | | resides in such facilities, receives without cost board and lodging from such institution,30 |
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| 51 | 51 | | and is compensated on a cash basis at an annual rate of not less than $10,000.0031 |
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| 52 | 52 | | $15,000.00.32 |
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| 53 | 53 | | (c) This chapter shall not apply to any employer who is subject to the minimum wage33 |
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| 54 | 54 | | provisions of any act of Congress as to employees covered thereby if such act of Congress34 |
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| 55 | 55 | | provides for a minimum wage which is greater than the minimum wage which is provided35 |
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| 56 | 56 | | for in this Code section."36 |
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| 57 | 57 | | SECTION 2.37 |
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| 58 | 58 | | This Act shall become effective on January 1, 2026.38 |
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| 59 | 59 | | SECTION 3.39 |
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| 60 | 60 | | All laws and parts of laws in conflict with this Act are repealed.40 |
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| 61 | 61 | | H. B. 395 |
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| 62 | 62 | | - 2 - |
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