---
title: HB 1493. Georgia Worker Empowerment Act; enact
collection: bills
id: 2025-2026/hb1493
cite_as: HB 1493, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1493
md_url: https://georgiacommons.org/bills/2025-2026/hb1493.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1493/text
source_url: https://www.legis.ga.gov/legislation/73802
date: 2026-03-06
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
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bill_number: HB 1493
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-03-03
last_action: House Second Readers
sponsors:
- Derrick Jackson
- Dewey McClain
- Billy Mitchell
- El-Mahdi Holly
- Mekyah McQueen
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1493/2025
upstream_id: 2128629
summaries_model: claude-sonnet-5
topic_tags:
- labor unions
- worker rights
- at-will employment
- collective bargaining
- independent contractor status
---
# HB 1493. Georgia Worker Empowerment Act; enact
## Text
House Bill 1493
By: Representatives Jackson of the 68th, McClain of the 109th, Mitchell of the 88th, Holly of
the 116th, and McQueen of the 61st
A BILL TO BE ENTITLED
AN ACT
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, so as to provide for certain employee rights; to establish employee union freedoms;
to provide for definitions; to revise at-will employment; to revise employee status
regulations; to provide for a short title; to provide for conforming changes; to provide for
worker standards boards; to provide for such boards to report to the Department of Labor;
to require the Department of Labor to make an annual report; to authorize certain civil
penalties; to amend Code Section 16-8-16 of the Official Code of Georgia Annotated,
relating to theft by extortion, so as to exclude lawful good faith bargaining from the
definition of criminal extortion; to repeal and reserve Code Section 20-2-989.10 of the
Official Code of Georgia Annotated, relating to collective bargaining not permitted or
fostered; to repeal and reserve Chapter 5 of Title 25 of the Official Code of Georgia
Annotated, relating to resolution of wages, hours, and working conditions of firefighters; to
amend Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to
voluntary contributions by state employees through payroll deductions to certain not for
profit organizations, so as to provide that voluntary contributions by state employees may be
deducted for organizations which engage in collective bargaining with this state; to amend
Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices
of public officers and employees, so as to repeal and reserve Article 1, relating to strikes by
public employees; to amend Code Section 50-5-72 of the Official Code of Georgia
Annotated, relating to construction and public works contracts conducted by department,
advertising costs, and exceptions, so as to require contractors of certain public works
contracts to pay the prevailing wage; 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:
PART I
Georgia Worker Empowerment Act
SECTION 1-1.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,
is amended by revising Chapter 11, which is reserved, as follows:
"CHAPTER 11
34-11-1.
This chapter shall be known and may be cited as the 'Georgia Worker Empowerment Act.'
34-11-2.
As used in this chapter, the term:
(1) 'Automated quotas' means a technology system that monitors, tracks, and enforces
specific productivity metrics for employees in real time, including, but not limited to, the
number of items picked or packages sorted per hour.
(2) 'Collective bargaining' means the process of employees negotiating contracts with
their employers to meet at reasonable times, to negotiate in good faith, and to execute a
written contract with respect to agreements reached concerning the terms and conditions
of employment, including, but not limited to, pay, benefits, hours, leave, job health, and
safety policies.
(3) 'Commissioner' means the Commissioner of Labor of the State of Georgia.
(4) 'Department' means the Department of Labor of the State of Georgia.
(5) 'Employee' shall have the same meaning as set forth in Code Section 34-9-1.
(6) 'Employer' shall have the same meaning as set forth in Code Section 34-9-1.
(7) 'Strike' means the failure to report for duty, the willful absence from one's position,
the stoppage or deliberate slowing down of work, or the withholding in whole or in part
of the full, faithful, and proper performance of the duties of employment for the purpose
of inducing, influencing, or coercing a change in the conditions, compensation, rights,
privileges, or obligations of employment.
34-11-3.
This chapter shall only apply to employees and employers not subject to the federal
National Labor Relations Act.
34-11-4.
(a) Employees shall have the right to self-organization; to form, join, or assist labor
organizations; and to participate in collective bargaining through representatives of their
own choosing at any time.
(b) No employer shall discharge, permanently replace, or otherwise discriminate against
an employee because the employee has engaged in an activity for the purpose of collective
bargaining or other mutual aid or protection, including but not limited to, providing notices,
recruiting members, boycotting, picketing, or a strike.
34-11-5.
(a) No employer shall require an employee to attend a meeting or participate in any
communication where the primary purpose is to communicate the employer's opinion about
religious or political matters, including the decision to join or support a labor organization.
(b) Any such meeting shall be strictly voluntary, and no adverse action shall be taken
against an employee for choosing not to attend.
34-11-6.
Warehouse employers using automated quotas shall provide employees with a written
description of each automated quota. No automated quota shall be enforced that prevents
an employee from taking mandated meal or rest breaks or using restroom facilities.
34-11-7.
(a) There is created the Construction Worker Standards Board.
(b)(1) Such board shall consist of seven members and shall be composed of three
construction employee representatives, three construction employer representatives, and
one representative of the public at large as appointed by the Commissioner.
(2) The Commissioner shall designate the initial terms of the members of such board as
follows: two members shall be appointed for one year; three members shall be appointed
for two years; and two members shall be appointed for three years. Thereafter, all
succeeding appointments shall be for three-year terms from the expiration of the previous
term.
(3) There shall be a chairperson of such board elected by and from the membership of
the board who shall be the presiding officer of the board.
(4) Such board shall meet at least quarterly and at the call of the presiding officer and
follow all policies and procedures of Chapter 14 of Title 50.
(5) Such board shall review and make recommendations to the Commissioner, including,
but not limited to, minimum standards for wages, hours, and safety of construction
workers.
(6) Vacancies in office shall be filled by appointment by the Commissioner and shall be
for the same representative category as the position that becomes vacant. An
appointment to fill a vacancy other than by expiration of a term of office shall be for the
balance of the unexpired term.
(7) The Commissioner may remove from office any member for inability or neglect to
perform the duties required of members; incompetence; or dishonest conduct.
(8) Each member of such board who is not otherwise a state officer or employee shall
receive for each day that such member is in attendance at a meeting of the board a daily
expense allowance and reimbursement for transportation costs as provided for in Code
Section 45-7-21. Each member of the board who is otherwise an officer or employee of
a state agency or authority may be reimbursed by that agency or authority for meals,
transportation, and lodging in the usual manner authorized by law for such officers and
employees. The members of the board shall not receive any duplicate or other
compensation for their services as such.
34-11-8.
(a) There is created the Healthcare Worker Standards Board.
(b)(1) Such board shall consist of 13 members and shall be composed as follows:
(A) One certified nursing assistants employee representative and one certified nursing
assistants employer representative;
(B) One home health aides employee representative and one home health aides
employer representative;
(C) One nursing home employee representative and one nursing home employer
representative;
(D) One emergency medical technician employee representative and one emergency
medical technician employer representative;
(E) One behavioral health technician employee representative and one behavioral
health technician employer representative; and
(F) Three representatives of the public at large as appointed by the Commissioner.
(2) The Commissioner shall designate the initial terms of the members of such board as
follows: four members shall be appointed for one year; five members shall be appointed
for two years; and four members shall be appointed for three years. Thereafter, all
succeeding appointments shall be for three-year terms from the expiration of the previous
term.
(3) There shall be a chairperson of such board elected by and from the membership of
the board who shall be the presiding officer of the board.
(4) Such board shall meet at least quarterly and at the call of the presiding officer and
follow all policies and procedures of Chapter 14 of Title 50.
(5) Such board shall review and make recommendations to the Commissioner, including,
but not limited to, minimum standards for wages, hours, and safety of healthcare workers.
(6) Vacancies in office shall be filled by appointment by the Commissioner and shall be
for the same representative category as the position that becomes vacant. An
appointment to fill a vacancy other than by expiration of a term of office shall be for the
balance of the unexpired term.
(7) The Commissioner may remove from office any member for inability or neglect to
perform the duties required of members; incompetence; or dishonest conduct.
(8) Each member of such board who is not otherwise a state officer or employee shall
receive for each day that such member is in attendance at a meeting of the board a daily
expense allowance and reimbursement for transportation costs as provided for in Code
Section 45-7-21. Each member of the board who is otherwise an officer or employee of
a state agency or authority may be reimbursed by that agency or authority for meals,
transportation, and lodging in the usual manner authorized by law for such officers and
employees. The members of the board shall not receive any duplicate or other
compensation for their services as such.
34-11-9.
(a) There is created the Hospitality Worker Standards Board.
(b)(1) Such board shall consist of seven members and shall be composed of three
hospitality employee representatives, three hospitality employer representatives, and one
representative of the public at large as appointed by the Commissioner.
(2) The Commissioner shall designate the initial terms of the members of such board as
follows: two members shall be appointed for one year; three members shall be appointed
for two years; and two members shall be appointed for three years. Thereafter, all
succeeding appointments shall be for three-year terms from the expiration of the previous
term.
(3) There shall be a chairperson of such board elected by and from the membership of
the board who shall be the presiding officer of the board.
(4) Such board shall meet at least quarterly and at the call of the presiding officer and
follow all policies and procedures of Chapter 14 of Title 50.
(5) Such board shall review and make recommendations to the Commissioner, including,
but not limited to, minimum standards for wages, hours, and safety of hospitality
workers.
(6) Vacancies in office shall be filled by appointment by the Commissioner and shall be
for the same representative category as the position that becomes vacant. An
appointment to fill a vacancy other than by expiration of a term of office shall be for the
balance of the unexpired term.
(7) The Commissioner may remove from office any member for inability or neglect to
perform the duties required of members; incompetence; or dishonest conduct.
(8) Each member of such board who is not otherwise a state officer or employee shall
receive for each day that such member is in attendance at a meeting of the board a daily
expense allowance and reimbursement for transportation costs as provided for in Code
Section 45-7-21. Each member of the board who is otherwise an officer or employee of
a state agency or authority may be reimbursed by that agency or authority for meals,
transportation, and lodging in the usual manner authorized by law for such officers and
employees. The members of the board shall not receive any duplicate or other
compensation for their services as such.
34-11-10.
(a) There is created the Manufacturer and Warehouse Worker Standards Board.
(b)(1) Such board shall consist of seven members and shall be composed of three
manufacturer and warehouse employee representatives, three manufacturer and
warehouse employer representatives, and one representative of the public at large as
appointed by the Commissioner.
(2) The Commissioner shall designate the initial terms of the members of such board as
follows: two members shall be appointed for one year; three members shall be appointed
for two years; and two members shall be appointed for three years. Thereafter, all
succeeding appointments shall be for three-year terms from the expiration of the previous
term.
(3) There shall be a chairperson of such board elected by and from the membership of
the board who shall be the presiding officer of the board.
(4) Such board shall meet at least quarterly and at the call of the presiding officer and
follow all policies and procedures of Chapter 14 of Title 50.
(5) Such board shall review and make recommendations to the Commissioner, including,
but not limited to, minimum standards for wages, hours, and safety of manufacturer and
warehouse workers.
(6) Vacancies in office shall be filled by appointment by the Commissioner and shall be
for the same representative category as the position that becomes vacant. An
appointment to fill a vacancy other than by expiration of a term of office shall be for the
balance of the unexpired term.
(7) The Commissioner may remove from office any member for inability or neglect to
perform the duties required of members; incompetence; or dishonest conduct.
(8) Each member of such board who is not otherwise a state officer or employee shall
receive for each day that such member is in attendance at a meeting of the board a daily
expense allowance and reimbursement for transportation costs as provided for in Code
Section 45-7-21. Each member of the board who is otherwise an officer or employee of
a state agency or authority may be reimbursed by that agency or authority for meals,
transportation, and lodging in the usual manner authorized by law for such officers and
employees. The members of the board shall not receive any duplicate or other
compensation for their services as such.
34-11-11.
(a) There is created the Retail and Food Service Worker Standards Board.
(b)(1) Such board shall consist of nine members and shall be composed as follows:
(A) Two food service employee representatives;
(B) Two food service employer representatives;
(C) Two retail worker employee representatives;
(D) Two retail worker employer representatives; and
(E) One representative of the public at large as appointed by the Commissioner.
(2) The Commissioner shall designate the initial terms of the members of such board as
follows: three members shall be appointed for one year; three members shall be appointed
for two years; and three members shall be appointed for three years. Thereafter, all
succeeding appointments shall be for three-year terms from the expiration of the previous
term.
(3) There shall be a chairperson of such board elected by and from the membership of
the board who shall be the presiding officer of the board.
(4) Such board shall meet at least quarterly and at the call of the presiding officer and
follow all policies and procedures of Chapter 14 of Title 50.
(5) Such board shall review and make recommendations to the Commissioner, including,
but not limited to, minimum standards for wages, hours, and safety of retail and food
service workers.
(6) Vacancies in office shall be filled by appointment by the Commissioner and shall be
for the same representative category as the position that becomes vacant. An
appointment to fill a vacancy other than by expiration of a term of office shall be for the
balance of the unexpired term.
(7) The Commissioner may remove from office any member for inability or neglect to
perform the duties required of members; incompetence; or dishonest conduct.
(8) Each member of such board who is not otherwise a state officer or employee shall
receive for each day that such member is in attendance at a meeting of the board a daily
expense allowance and reimbursement for transportation costs as provided for in Code
Section 45-7-21. Each member of the board who is otherwise an officer or employee of
a state agency or authority may be reimbursed by that agency or authority for meals,
transportation, and lodging in the usual manner authorized by law for such officers and
employees. The members of the board shall not receive any duplicate or other
compensation for their services as such.
34-11-12.
(a) There is created the Trucking and Transportation Worker Standards Board.
(b)(1) Such board shall consist of seven members and shall be composed of three
trucking or transportation employee representatives, three trucking or transportation
employer representatives, and one representative of the public at large as appointed by
the Commissioner.
(2) The Commissioner shall designate the initial terms of the members of such board as
follows: two members shall be appointed for one year; three members shall be appointed
for two years; and two members shall be appointed for three years. Thereafter, all
succeeding appointments shall be for three-year terms from the expiration of the previous
term.
(3) There shall be a chairperson of such board elected by and from the membership of
the board who shall be the presiding officer of the board.
(4) Such board shall meet at least quarterly and at the call of the presiding officer and
follow all policies and procedures of Chapter 14 of Title 50.
(5) Such board shall review and make recommendations to the Commissioner, including,
but not limited to, minimum standards for wages, hours, and safety of trucking and
transportation workers.
(6) Vacancies in office shall be filled by appointment by the Commissioner and shall be
for the same representative category as the position that becomes vacant. An
appointment to fill a vacancy other than by expiration of a term of office shall be for the
balance of the unexpired term.
(7) The Commissioner may remove from office any member for inability or neglect to
perform the duties required of members; incompetence; or dishonest conduct.
(8) Each member of such board who is not otherwise a state officer or employee shall
receive for each day that such member is in attendance at a meeting of the board a daily
expense allowance and reimbursement for transportation costs as provided for in Code
Section 45-7-21. Each member of the board who is otherwise an officer or employee of
a state agency or authority may be reimbursed by that agency or authority for meals,
transportation, and lodging in the usual manner authorized by law for such officers and
employees. The members of the board shall not receive any duplicate or other
compensation for their services as such.
34-11-13.
(a) Any employer which is found by the department, after notice and an opportunity for
a hearing, to have willfully violated any provision of this chapter shall be subject to an
administrative fine not to exceed $5,000.00 for each separate violation. Each day during
which any such violation occurs shall constitute a separate violation.
(b) Any determination by the department that an employer has willfully violated any
provision of this chapter shall be subject to appeal. Any hearing conducted pursuant to this
Code section shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
34-11-14.
If federal enforcement of the National Labor Relations Act is diminished or the National
Labor Relations Act is narrowed by judicial review, the Georgia Department of Labor shall
assume jurisdiction to certify bargaining units and adjudicate unfair labor practices for
private sector employees.
34-11-15.
Any employee damaged by a violation of Code Sections 34-11-4 through 34-11-6 shall
have the right to bring a civil action in a court of competent jurisdiction against the person
or persons responsible for such violation. In any action commenced pursuant to this Code
section, the plaintiff shall be entitled to recover actual damages, reasonable attorneys' fees,
costs of litigation, and punitive damages where appropriate.
34-11-16.
(a) Beginning June 30, 2027, and annually thereafter, the department shall make an annual
report to the Governor, the Speaker of the House of Representatives, the President of the
Senate, the chairperson of the House Committee on Industry and Labor, and the
chairperson of the Senate Insurance and Labor Committee on the findings of all boards
established pursuant to this chapter.
(b) The department shall make publicly available all annual reports submitted pursuant to
this Code section on the department's website.
34-11-17.
The department may make reasonable rules and regulations, not inconsistent with law, for
the interpretation and enforcement of the provisions of this chapter. Reserved."
PART II
Conforming changes in Title 34
SECTION 2-1.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,
is amended in Chapter 6, relating to labor organizations and labor relations, by repealing and
reserving:
(1) Code Section 34-6-21, relating to membership in or resignation from labor
organization as condition of employment or continuation of employment and application
of federal law;
(2) Code Section 34-6-22, relating to payment to labor organization of fee or assessment
as condition of employment;
(3) Code Section 34-6-24, relating to contracts requiring membership in or payments to
labor organizations as condition of employment; and
(4) Code Section 34-6-25, relating to deductions from employees' earnings of fees of labor
organizations and exceptions.
SECTION 2-2.
Said title is further amended in Part 1 of Article 1 of Chapter 7, relating to wages generally,
by revising Code Section 34-7-1, relating to determination of term of employment and
manner of termination of indefinite hiring, as follows:
"34-7-1.
(a) As used in this Code section, the term 'just cause' means a bona fide reason or a failure
of the employee to satisfactorily perform job duties after receiving progressive discipline.
(b) If a contract of employment provides that wages are payable at a stipulated period, the
presumption shall arise that the hiring is for such period, provided that, if anything else in
the contract indicates that the hiring was for a longer term, the mere reservation of wages
for a lesser time will not control. An indefinite hiring may be terminated at will by either
party. No employer may terminate an employee except for just cause."
SECTION 2-3.
Said title is further amended in said part by adding a new Code section to read as follows:
"34-7-5.1.
(a) As used in this Code section, the term 'predictability pay' means one hour of pay.
(b) Employers in the retail, food service, and hospitality industries with over 100
employees shall:
(1) Provide work schedules at least 14 days in advance of each employee's shift;
(2) Provide predictability pay for any employer initiated shift changes made within less
than 14 days notice; and
(3) Allow a ten-hour rest period between shifts for each employee, unless such employee
consents in writing to work for 1.5 times pay."
SECTION 2-4.
Said title is further amended in Chapter 9, relating to workers' compensation, by revising
paragraph (2) of Code Section 34-9-1, relating to definitions, as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire
or apprenticeship, written or implied, except a person whose employment is not in the
usual course of the trade, business, occupation, or profession of the employer; and, except
as otherwise provided in this chapter, minors are included even though working in
violation of any child labor law or other similar statute; provided, however, that nothing
contained in this chapter shall be construed as repealing or altering any such law or
statute. Any reference to any employee who has been injured shall, if the employee dies,
include such employee's legal representatives, dependents, and other persons to whom
compensation may be payable pursuant to this chapter. All firefighters, law enforcement
personnel, and personnel of emergency management or civil defense agencies, emergency
medical services, and rescue organizations whose compensation is paid by the state or
any county or municipality, regardless of the method of appointment, and all full-time
county employees and employees of elected salaried county officials are specifically
included in this definition. There shall also be included within such term any volunteer
firefighter of any county or municipality of this state, but only for services rendered in
such capacity which are not prohibited by Code Section 38-3-36 and only if the
governing authority of the county or municipality for which such services are rendered
shall provide by appropriate resolution for inclusion of such volunteer firefighters; any
volunteer law enforcement personnel of any county or municipality of this state who are
certified by the Georgia Peace Officer Standards and Training Council, for volunteer law
enforcement services rendered in such capacity which are not prohibited by Code
Section 38-3-36 and only if the governing authority of the county or municipality for
which such services are rendered shall provide by appropriate resolution for inclusion of
such volunteer law enforcement personnel; any person who is a volunteer member or
worker of an emergency management or civil defense organization, emergency medical
service, or rescue organization, whether governmental or not, of any county or
municipality of this state for volunteer services, which are not prohibited by Code
Section 38-3-36, rendered in such capacity and only if the governing authority of the
county or municipality for which such services are rendered shall provide by appropriate
resolution for inclusion of such volunteer members or workers; and any person certified
by the Department of Public Health or the Georgia Composite Medical Board and
registered with any county or municipality of this state as a medical first responder for
any volunteer first responder services rendered in such capacity, which are not prohibited
by Code Section 38-3-36 and only if the governing authority of the county or
municipality for which such services are rendered shall provide by appropriate resolution
for inclusion of such responders. The various elected county officers and elected
members of the governing authority of an individual county shall also be included in this
definition, if the governing authority of such county shall provide therefor by appropriate
resolution. For the purposes of workers' compensation coverage, employees of county
and district health agencies established under Chapter 3 of Title 31 are deemed and shall
be considered employees of the State of Georgia and employees of community service
boards established under Chapter 2 of Title 37 shall be considered to be employees of the
state. For the purpose of workers' compensation coverage, members of the Georgia
National Guard and the State Defense Force serving on state active duty pursuant to an
order by the Governor are deemed and shall be considered to be employees of this state.
A person shall be an independent contractor and not an employee if such person has a
written contract as an independent contractor and if such person buys a product and
resells it, receiving no other compensation, or provides an agricultural service or such
person otherwise qualifies as an independent contractor. Notwithstanding the foregoing
provisions of this paragraph, any officer of a corporation may elect to be exempt from
coverage under this chapter by filing written certification of such election with the insurer
or, if there is no insurer, the State Board of Workers' Compensation as provided in Code
Section 34-9-2.1. For purposes of this chapter, an owner-operator as such term is defined
in Code Section 40-2-87 shall be deemed to be an independent contractor. Inmates or
persons participating in a work release program, community service program, or similar
program as part of the punishment for violation of a municipal ordinance pursuant to
Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an
employee while participating in work or training or while going to and from the work site
or training site, unless such inmate or person is employed for private gain in violation of
Code Section 42-1-5 or Code Section 42-3-50 or unless the municipality or county had
voluntarily established a policy, on or before January 1, 1993, to provide workers'
compensation benefits to such individuals. Individuals who are parties to a franchise
agreement as set out by the Federal Trade Commission franchise disclosure rule,
16 C.F.R. 436.1 through 436.11, shall not be deemed employees for purposes of this
chapter."
SECTION 2-5.
Said chapter of said title is further amended by revising subsection (e) of Code
Section 34-9-2, relating to applicability of chapter to employers and employees generally,
as follows:
"(e)(1) A person providing labor for payment shall be considered an employee unless the
hiring entity demonstrates:
(A) The person is free from the control and direction of the hiring entity;
(B) The person performs work that is outside the usual course of the hiring entity's
business; and
(C) The person is customarily engaged in an independently established trade of the
same nature as the work performed.
(2) If the hiring entity demonstrates all of the criteria set forth in paragraph (1) of this
subsection, the person shall be considered an independent contractor unless otherwise
determined by an administrative law judge to be an employee.
(e) A person or entity shall otherwise qualify as an independent contractor and not an
employee if such person or entity meets all of the following criteria:
(1) Is a party to a contract, written or implied, which intends to create an independent
contractor relationship;
(2) Has the right to exercise control over the time, manner, and method of the work to
be performed; and
(3) Is paid on a set price per job or a per unit basis, rather than on a salary or hourly
basis.
A person who does not meet all of the above listed criteria shall be considered an employee
unless otherwise determined by an administrative law judge to be an independent
contractor."
PART III
Conforming changes throughout Code
SECTION 3-1.
Code Section 16-8-16 of the Official Code of Georgia Annotated, relating to theft by
extortion, is amended by revising paragraph (5) of subsection (a) as follows:
"(5) Bring about or continue a strike, boycott, or other collective unofficial action if the
property is not demanded or received for the benefit of the group in whose interest the
actor purports to act; provided, however, that this paragraph shall not apply to lawful
interactions conducted as part of good faith bargaining as provided for in Code
Section 34-11-4; or"
SECTION 3-2.
Code Section 20-2-989.10 of the Official Code of Georgia Annotated, relating to collective
bargaining not permitted or fostered, is amended as follows:
"20-2-989.10.
Nothing in this part shall be construed to permit or foster collective bargaining as part of
the state rules or local unit of administration policies. Reserved."
SECTION 3-3.
Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is
amended by repealing Chapter 5, relating to resolution of wages, hours, and working
conditions of firefighters, and designating said chapter as reserved.
SECTION 3-4.
Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to voluntary
contributions by state government employees through payroll deductions to certain not for
profit organizations, is amended by repealing and reserving subsection (e).
SECTION 3-5.
Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices,
is amended by repealing Article 1, relating to strikes by public employees, and designating
said article as reserved.
SECTION 3-6.
Code Section 50-5-72 of the Official Code of Georgia Annotated, relating to construction and
public works contracts conducted by department, advertising costs, and exceptions, is
amended by adding a new subsection to read as follows:
"(f) Notwithstanding any other provision of this part or any other law dealing with the
subject matter contained in this Code section to the contrary, all public works contracts
exceeding a total expenditure of $25,000.00 shall require contractors to pay the prevailing
wage, including fringe benefits, as determined by the Commissioner of Labor based on
local collective bargaining agreements."
PART IV
Effective Date and Repealer
SECTION 4-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4-2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1493, the Georgia Worker Empowerment Act, would give private-sector workers not covered by federal labor law the right to unionize and bargain collectively, end at-will firing in favor of a just cause standard, and create industry boards to recommend wage and safety standards.
### Plain-language summary
Georgia currently has no state law giving most private-sector workers a right to organize unions or bargain collectively, and most employees can be fired for almost any reason under at-will employment. This bill creates a new chapter of state labor law, the Georgia Worker Empowerment Act, that applies to workers and employers not already covered by the federal National Labor Relations Act. It guarantees the right to organize, bans employer retaliation for union activity, bars mandatory anti-union meetings, and limits automated productivity quotas in warehouses. It also ends at-will employment statewide by requiring employers to have just cause to fire someone, and creates six industry worker standards boards (construction, healthcare, hospitality, manufacturing/warehouse, retail/food service, and trucking) to recommend wage, hour, and safety standards to the Department of Labor.
The bill also requires 14 days advance scheduling and extra pay for late shift changes in large retail, food service, and hospitality businesses, changes the legal test for who counts as an independent contractor, exempts good-faith labor bargaining from the state's criminal extortion law, repeals several laws that historically restricted public-sector collective bargaining and strikes, and requires prevailing wages on public works contracts over $25,000. It would take effect immediately if signed by the Governor.
### What it does
- Creates a new Georgia Worker Empowerment Act giving private-sector employees not covered by federal labor law the right to unionize and bargain collectively, and bans employer retaliation for organizing.
- Ends at-will employment by requiring employers to have just cause (a bona fide reason or documented poor performance after progressive discipline) before firing an employee.
- Establishes six industry worker standards boards (construction, healthcare, hospitality, manufacturing/warehouse, retail/food service, trucking) to recommend wage, hour, and safety standards to the Department of Labor.
- Requires large retail, food service, and hospitality employers to give 14 days notice of schedules, pay extra for late shift changes, and provide a 10-hour rest period between shifts.
- Rewrites the legal test for who counts as an independent contractor versus an employee, shifting the burden to employers to prove independent contractor status.
- Repeals several existing state laws that historically blocked collective bargaining or restricted strikes by public employees and firefighters.
### Who it affects
Private-sector employees and employers not covered by federal labor law, warehouse workers subject to automated productivity tracking, large retail, food service, and hospitality businesses and their hourly workers, construction, healthcare, manufacturing, and trucking industries, public employees and firefighters affected by repealed strike and bargaining restrictions, and contractors on public works projects.
### Why it matters
Georgia workers not covered by federal labor law would gain new organizing and bargaining rights and stronger job security through a just cause firing standard, while employers in several industries would face new scheduling rules, wage boards, and prevailing wage requirements on public contracts, changing how they hire, schedule, and discipline workers.
### Key provisions
- Section 1-1 creates Code Section 34-11-4, giving covered employees the right to organize and bargain collectively and barring employer retaliation for union activity, picketing, or strikes.
- Section 1-1 creates Code Section 34-11-6, requiring warehouse employers using automated quotas to disclose them in writing and barring quotas that block meal, rest, or restroom breaks.
- Section 1-1 creates six worker standards boards (Code Sections 34-11-7 through 34-11-12) with employee, employer, and public members that meet quarterly and recommend wage and safety standards.
- Section 1-1 creates Code Section 34-11-13, allowing the Department of Labor to fine employers up to $5,000 per day for willful violations of the new chapter.
- Section 2-2 rewrites Code Section 34-7-1 to require just cause before firing an employee, replacing the current at-will termination rule.
- Section 2-3 creates Code Section 34-7-5.1, requiring 14-day advance scheduling, predictability pay for late shift changes, and a 10-hour rest period in large retail, food service, and hospitality businesses.
- Section 2-5 rewrites the independent contractor test in Code Section 34-9-2, presuming a worker is an employee unless the hiring entity proves independence, outside-course-of-business work, and an established independent trade.
- Section 3-6 adds a prevailing wage requirement to Code Section 50-5-72 for public works contracts over $25,000, based on local collective bargaining agreements.
## Status
- Status: Introduced (2026-03-03)
- Last action: House Second Readers (2026-03-06)
- Sponsors: Derrick Jackson, Dewey McClain, Billy Mitchell, El-Mahdi Holly, Mekyah McQueen
- Official page: https://www.legis.ga.gov/legislation/73802
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1493.md?full=1