Georgia 2025-2026 Regular Session

Georgia Senate Bill SB55 Compare Versions

OldNewDifferences
11 25 LC 55 0416
22 Senate Bill 55
33 By: Senators Hickman of the 4th, Halpern of the 39th, Esteves of the 35th, Still of the 48th,
44 Echols of the 49th and others
5-AS PASSED
5+AS PASSED SENATE
66 A BILL TO BE ENTITLED
77 AN ACT
88 To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial
99 1
1010 relations, so as to phase out the payment of subminimum wage to persons with disabilities;2
1111 to repeal provisions concerning exemptions to the state minimum wage law for persons with3
1212 disabilities; to provide that no employer shall utilize a certificate issued by the United States4
1313 Department of Labor pursuant to 29 U.S.C. Section 214(c) to pay individuals with disabilities5
1414 less than the federal minimum wage; to provide exceptions; to provide for related matters;6
1515 to provide a short title; to provide an effective date; to repeal conflicting laws; and for other7
1616 purposes.8
1717 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
1818 SECTION 1.10
1919 This Act shall be known and may be cited as the "Dignity and Pay Act."11
2020 SECTION 2.12
2121 Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,13
2222 is amended by revising Code Section 34-4-4, relating to authority of commissioner to grant14
2323 exemptions from operation of chapter, as follows:15
2424 S. B. 55
2525 - 1 - 25 LC 55 0416
2626 "34-4-4.
2727 16
2828 (a) The Commissioner of Labor is authorized to grant exemptions to certain categories of
2929 17
3030 organizations and businesses for the purpose of exempting them from the operation of this18
3131 chapter. The exemptions so granted shall be based upon considerations of the value of19
3232 allowing certain classes of persons to be employed at rates below the minimum rate20
3333 because of overriding considerations of public policy to allow employment of certain21
3434 persons with disabilities and others who cannot otherwise compete effectively in the labor22
3535 market.23
3636 (b) The Commissioner of Labor is authorized to conduct investigations and compile24
3737 information as to the reasons for granting exemptions to certain organizations and25
3838 businesses pursuant to subsection (a) of this Code section. The Commissioner is required26
3939 to maintain a list of such exemptions, along with the records of the investigations27
4040 conducted and the basis for the granting of such exemptions, which list and records shall28
4141 be a public record. Reserved."29
4242 SECTION 3.30
4343 Said title is further amended in Code Section 34-6A-4, relating to prohibited discriminatory31
4444 activities, by adding a new subsection to read as follows:32
4545 "(a.1)(1) No employer shall utilize a certificate issued by the United States Department33
4646 of Labor pursuant to 29 U.S.C. Section 214(c) to pay individuals with disabilities who34
4747 are employed by such employer less than the minimum wage required to be paid by35
4848 employers to employees under federal law.36
4949 (2) Notwithstanding the provisions of subsection (a) of Code Section 34-4-3 and37
5050 paragraph (1) of this subsection, any employer that was issued a certificate by the United38
5151 States Department of Labor pursuant to 29 U.S.C. Section 214(c) on or before39
5252 July 1, 2025, may utilize such certificate to pay individuals with disabilities employed by40
5353 S. B. 55
5454 - 2 - 25 LC 55 0416
5555 such employer less than the minimum wage required to be paid by employers to41
5656 employees under federal law; provided, however, that:42
5757 (A) During the period of July 1, 2026, through June 30, 2027, such employer shall pay43
5858 individuals with disabilities at least half of the minimum wage required to be paid by44
5959 employers to employees under federal law; and45
6060 (B) On and after July 1, 2027, such employer shall no longer utilize such certificate to46
6161 pay individuals with disabilities less than the minimum wage required to be paid by47
6262 employers to employees under federal law."48
6363 SECTION 4.49
6464 This Act shall become effective on July 1, 2025.50
6565 SECTION 5.51
6666 All laws and parts of laws in conflict with this Act are repealed.52
6767 S. B. 55
6868 - 3 -