House Bill 1157
By: Representatives Evans of the 57th, McClain of the 109th, Tran of the 80th, Glaize of the
67th, Kendrick of the 95th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to
minimum wage law, so as to repeal certain provisions relating to the preemption of wage and
employment benefit mandates adopted by a local government entity; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage
law, is amended by repealing Code Section 34-4-3.1, relating to wage, employment benefits,
and scheduling by local government entities, as follows:
<del>"34-4-3.1.
(a) As used in this Code section, the term:
(1) 'Employee' means any individual employed by an employer.
(2) 'Employer' means any person or entity that employs one or more employees.
(3) 'Employment benefits' means anything of value that an employee may receive from
an employer in addition to wages and salary. This term includes, but is not limited to,
any health benefits; disability benefits; death benefits; group accidental death and
</del>
<del>dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal
necessity; additional pay based on schedule changes; retirement benefits; and
profit-sharing benefits.
(4) 'Local government entity' means a county, municipal corporation, consolidated
government, authority, board of education, or other local public board, body, or
commission.
(5) 'Person' means an individual, partnership, association, corporation, business trust,
legal representative, or any other organized group of persons.
(6) 'Wage or employment benefit mandate' means any requirement adopted by a local
government entity which requires an employer to pay any or all of its employees a wage
rate or provide employment benefits not otherwise required under this Code or federal
law.
(b)(1) Any and all wage or employment benefit mandates adopted by any local
government entity are hereby preempted.
(2) No local government entity may adopt, maintain, or enforce by charter, ordinance,
purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly,
a wage or employment benefit mandate.
(3) Any local government entity may offer its own employees employment benefits.
(c) No local government entity may through its purchasing or contracting procedures seek
to control or affect the wages or employment benefits provided by its vendors, contractors,
service providers, or other parties doing business with the local government entity. A local
government entity shall not through the use of evaluation factors, qualification of bidders,
or otherwise award preferences on the basis of wages or employment benefits provided by
its vendors, contractors, service providers, or other parties doing business with the local
government entity.
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<del>(d)(1) No local government entity may adopt, maintain, or enforce by charter, ordinance,
regulation, rule, or resolution the hours or scheduling that an employer is required to
provide employees or otherwise regulate employee output during work hours.
(2) Any local government entity may set and regulate such hours, scheduling, and output
for its own employees and for the provision of services, including, but not limited to,
those related to the supplementary powers given to local governments in Article IX,
Section II, Paragraph III of the Constitution of this state.
(3) Nothing in this subsection shall prohibit a local government entity from regulating
or limiting the hours a business may operate."
</del> SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.