Georgia General Assembly · Full text

HB 1493: Georgia Worker Empowerment Act; enact

Introduced version, the latest LegiScan holds · Last action March 6, 2026 · Introduced

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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;

(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.

(7) The Commissioner may remove from office any member for inability or neglect to perform the duties required of members; incompetence; or dishonest conduct.

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.

(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.

(7) The Commissioner may remove from office any member for inability or neglect to perform the duties required of members; incompetence; or dishonest conduct.

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.

(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.

(7) The Commissioner may remove from office any member for inability or neglect to perform the duties required of members; incompetence; or dishonest conduct.

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;

(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.

(7) The Commissioner may remove from office any member for inability or neglect to perform the duties required of members; incompetence; or dishonest conduct.

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.

(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.

(7) The Commissioner may remove from office any member for inability or neglect to perform the duties required of members; incompetence; or dishonest conduct.

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

(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.