HB312: HB312 Employee Empowerment and Transparency Act; enact

Under current Georgia law, when a worker applies for unemployment benefits, an employer can contest the claim by arguing the worker does not qualify. This bill, called the Employee Empowerment and Transparency Act, gives those workers a new tool: if an employer marks on the state's separation notice that it disputes the worker's eligibility, the worker can send a written demand and pay a set fee to get a copy of their personnel file. The Department of Labor would have to redesign the separation notice by September 30, 2025 to include a place for employers to state their objection and a notice telling workers about this new right. Employers would have five business days to deliver the file after receiving the demand and fee. If they miss deadlines or fail to prove delivery, they lose the right to contest or appeal the worker's benefits award. The changes affecting separations apply starting October 1, 2025, and the Act takes effect once signed by the Governor.

• Creates a new Georgia Code section (O.C.G.A. § 34-8-200) letting workers demand their personnel file when a former employer contests their unemployment benefits claim.
• Requires the Department of Labor to redesign the separation notice by September 30, 2025 to flag contested claims and notify workers of their new right to request their file.
• Sets a $30 fee for electronic delivery of the file and $40 for mailed delivery, and gives employers five business days to comply once they receive a valid written demand and payment.
• Bars a contesting employer from appealing or seeking reconsideration of a benefits determination if it fails to prove it delivered the file on time.
• Makes a separation notice in which an employer says a worker can establish grounds for benefits inadmissible in most other court or agency proceedings.
• Directs the Commissioner of Labor to write rules to carry out the new personnel file process.

Georgia workers who lose their jobs and apply for unemployment benefits, especially those whose eligibility is disputed by a former employer; private and public employers who must handle separation notices and respond to personnel file requests; and the Department of Labor, which must redesign forms and receive deficiency notices.

Workers fighting for unemployment benefits would gain quicker access to their own personnel records, which could help them respond to an employer's objection. Employers face new paperwork deadlines and fees, and could lose their ability to contest a benefits award if they miss them.

• Section 2 adds O.C.G.A. § 34-8-200, defining terms like 'contesting employer,' 'personnel file,' 'written demand,' and 'statutory fee' used throughout the new process.
• Subsection (b) entitles any claimant separated from employment on or after October 1, 2025 to obtain a copy of their personnel file from a contesting employer.
• Subsection (c) requires the Department of Labor to modify the separation notice by September 30, 2025 to flag disputed claims and notify workers of the deadline to request their file.
• Subsection (e) gives a claimant only ten calendar days after receiving the separation notice to send a written demand for the file.
• Subsection (g) requires the employer to deliver the file within five business days of receiving the demand and fee, and to keep proof of delivery.
• Subsections (h) through (j) create a 'deficiency notice' process and bar an employer from appealing a benefits determination if it cannot prove timely delivery.
• Subsection (k) makes certain separation notices inadmissible in court or administrative proceedings outside the unemployment benefits process.
• Section 3 sets the Act's effective date as the date the Governor signs it or it otherwise becomes law.

1. 2025-02-11House Second Readers (House)
2. 2025-02-10House First Readers (House)
3. 2025-02-06House Hopper (House)

• Kim Schofield (D, HD-063)Primary sponsor
• Sandra Scott (D, HD-076)
• Dewey McClain (D, HD-109)
• Viola Davis (D, HD-087)

• unemployment benefits
• employment law
• personnel records
• workplace rights
• labor department rules