6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial |
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9 | 9 | | 1 |
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10 | 10 | | relations, so as to phase out the payment of subminimum wage to persons with disabilities;2 |
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11 | 11 | | to repeal provisions concerning exemptions to the state minimum wage law for persons with3 |
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12 | 12 | | disabilities; to provide that no employer shall utilize a certificate issued by the United States4 |
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13 | 13 | | Department of Labor pursuant to 29 U.S.C. Section 214(c) to pay individuals with disabilities5 |
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14 | 14 | | less than the federal minimum wage; to provide exceptions; to provide for related matters;6 |
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15 | 15 | | to provide a short title; to provide an effective date; to repeal conflicting laws; and for other7 |
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16 | 16 | | purposes.8 |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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18 | 18 | | SECTION 1.10 |
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19 | 19 | | This Act shall be known and may be cited as the "Dignity and Pay Act."11 |
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20 | 20 | | SECTION 2.12 |
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21 | 21 | | Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,13 |
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22 | 22 | | is amended by revising Code Section 34-4-4, relating to authority of commissioner to grant14 |
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23 | 23 | | exemptions from operation of chapter, as follows:15 |
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24 | 24 | | S. B. 55 |
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25 | 25 | | - 1 - 25 LC 55 0416 |
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26 | 26 | | "34-4-4. |
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27 | 27 | | 16 |
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28 | 28 | | (a) The Commissioner of Labor is authorized to grant exemptions to certain categories of |
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29 | 29 | | 17 |
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30 | 30 | | organizations and businesses for the purpose of exempting them from the operation of this18 |
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31 | 31 | | chapter. The exemptions so granted shall be based upon considerations of the value of19 |
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32 | 32 | | allowing certain classes of persons to be employed at rates below the minimum rate20 |
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33 | 33 | | because of overriding considerations of public policy to allow employment of certain21 |
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34 | 34 | | persons with disabilities and others who cannot otherwise compete effectively in the labor22 |
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35 | 35 | | market.23 |
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36 | 36 | | (b) The Commissioner of Labor is authorized to conduct investigations and compile24 |
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37 | 37 | | information as to the reasons for granting exemptions to certain organizations and25 |
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38 | 38 | | businesses pursuant to subsection (a) of this Code section. The Commissioner is required26 |
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39 | 39 | | to maintain a list of such exemptions, along with the records of the investigations27 |
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40 | 40 | | conducted and the basis for the granting of such exemptions, which list and records shall28 |
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41 | 41 | | be a public record. Reserved."29 |
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42 | 42 | | SECTION 3.30 |
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43 | 43 | | Said title is further amended in Code Section 34-6A-4, relating to prohibited discriminatory31 |
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44 | 44 | | activities, by adding a new subsection to read as follows:32 |
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45 | 45 | | "(a.1)(1) No employer shall utilize a certificate issued by the United States Department33 |
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46 | 46 | | of Labor pursuant to 29 U.S.C. Section 214(c) to pay individuals with disabilities who34 |
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47 | 47 | | are employed by such employer less than the minimum wage required to be paid by35 |
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48 | 48 | | employers to employees under federal law.36 |
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49 | 49 | | (2) Notwithstanding the provisions of subsection (a) of Code Section 34-4-3 and37 |
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50 | 50 | | paragraph (1) of this subsection, any employer that was issued a certificate by the United38 |
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51 | 51 | | States Department of Labor pursuant to 29 U.S.C. Section 214(c) on or before39 |
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52 | 52 | | July 1, 2025, may utilize such certificate to pay individuals with disabilities employed by40 |
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53 | 53 | | S. B. 55 |
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54 | 54 | | - 2 - 25 LC 55 0416 |
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55 | 55 | | such employer less than the minimum wage required to be paid by employers to41 |
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56 | 56 | | employees under federal law; provided, however, that:42 |
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57 | 57 | | (A) During the period of July 1, 2026, through June 30, 2027, such employer shall pay43 |
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58 | 58 | | individuals with disabilities at least half of the minimum wage required to be paid by44 |
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59 | 59 | | employers to employees under federal law; and45 |
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60 | 60 | | (B) On and after July 1, 2027, such employer shall no longer utilize such certificate to46 |
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61 | 61 | | pay individuals with disabilities less than the minimum wage required to be paid by47 |
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62 | 62 | | employers to employees under federal law."48 |
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63 | 63 | | SECTION 4.49 |
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64 | 64 | | This Act shall become effective on July 1, 2025.50 |
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65 | 65 | | SECTION 5.51 |
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66 | 66 | | All laws and parts of laws in conflict with this Act are repealed.52 |
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67 | 67 | | S. B. 55 |
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68 | 68 | | - 3 - |
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