House Bill 343
By: Representatives Sanchez of the 42nd, McClain of the 109th, Jackson of the 68th, Berry of
the 56th, Jones of the 60th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 34 and 42 of the Official Code of Georgia Annotated, relating to labor and
industrial relations and penal institutions, respectively, so as to enact the "Georgia Living
Wage Act"; to comprehensively revise provisions regarding minimum wage to guarantee a
$20.00 per hour minimum wage to all Georgians; to provide for an increase in the minimum
wage; to provide for annual minimum wage increases to match the rising cost of living; to
revise the eligibility exemptions from the minimum wage; to repeal provisions relating to
preemption of local employment benefits mandates; to provide for a private cause of action
against retaliation by employers; to provide a criminal penalty; to provide for legislative
findings and declarations; to provide for construction; to repeal provisions concerning
exemptions to state minimum wage for persons with disabilities; to provide that no employer
shall utilize a certificate issued by the United States Department of Labor pursuant to 29
U.S.C. Section 214(c) to pay individuals with disabilities less than the federal minimum
wage; to require the payment of minimum wage for inmate labor; to revise authorized
deductions from inmate wages; to provide for a short title; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Living Wage Act."
SECTION 2.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,
is amended by adding a new Code section to read as follows:
<ins>"34-4-1.1.
(a) The General Assembly finds and declares that it is good public policy, and in the
interest of all Georgians, to guarantee a living wage for all workers. The General
Assembly more specifically finds and declares that a living wage enables Georgians to
provide for themselves and their families without having to sacrifice basic needs.
Furthermore, a living wage will increase consumption and allow Georgians to pay their
bills on time, which benefits our economy and businesses.
(b) It is the intent of the General Assembly that this chapter shall be broadly construed to
give substantial effect to the minimum wage requirements provided herein as a living wage
for all Georgians and that any exceptions to the minimum wage requirements that may be
found in this Code shall be interpreted narrowly, so as not to impair the broad construction
of this chapter."
</ins> SECTION 3.
Said title is further amended by revising Code Section 34-4-3, relating to amount of
minimum wage to be paid by employers and the employers and employees covered by
chapter, as follows:
"34-4-3.
<ins>(a)(1)</ins> Except as otherwise provided in this Code section, every employer, whether a
person, firm, or corporation, shall pay to all <del>covered</del> employees a minimum wage which
shall be not less than <del>$5.15</del> <ins>$20.00</ins> per hour for each hour worked in the employment of
such employer. <ins>For purposes of determining whether an employer has paid an employee
the minimum wage, no gratuities, tips, or other forms of voluntary payments paid to such
employee by third parties shall count or otherwise be credited toward the wages paid to
such employee by such employer.
(2)(A) On January 1, 2027, and on January 1 of each successive year thereafter, the
minimum wage shall be adjusted upwards to reflect the increase in the cost of living,
if any, as determined by the Georgia Department of Labor pursuant to subparagraph (B)
of this paragraph.
(B) On September 30, 2026, and on September 30 of each successive year thereafter,
the Georgia Department of Labor shall measure the increase in the cost of living as
being the percentage increase as of the preceding July over the July level of the
immediately preceding year according to the Consumer Price Index for Urban Wage
Earners and Clerical Workers or such successor index as published by the United States
Department of Labor or its successor agency.
(C) Each adjusted minimum wage rate calculated pursuant to subparagraph (B) of this
paragraph shall be published on or before November 1 and shall take effect on the
following January 1.
</ins> (b) This chapter shall not apply <del>with respect</del> to <ins>any employer whose sole employee is the
sole owner or sole proprietor of such employer:
</ins> <del>(1) Any employer that has sales of $40,000.00 per year or less;
(2) Any employer having five employees or less;
(3) Any employer of domestic employees;
(4) Any employer who is a farm owner, sharecropper, or land renter;
(5) Any employee whose compensation consists wholly or partially of gratuities;
(6) Any employee who is a high school or college student;
(7) Any individual who is employed as a newspaper carrier; or
</del>
<del>(8) Any individual who is employed by a nonprofit child-caring institution or long-term
care facility serving children or mentally disabled adults who are enrolled in such
institution and reside in residential facilities of the institution, if such employee resides
in such facilities, receives without cost board and lodging from such institution, and is
compensated on a cash basis at an annual rate of not less than $10,000.00.
</del> (c) This chapter shall not apply to any employer who is subject to the minimum wage
provisions of any act of Congress as to employees covered thereby if such act of Congress
provides for a minimum wage which is greater than the minimum wage which is provided
for in this Code section."
SECTION 4.
Said title is further amended by repealing in its entirety Code Section 34-4-3.1, relating to
wages, employment benefits, and scheduling by local government entities.
SECTION 5.
Said title is further amended by repealing in its entirety Code Section 34-4-4, relating to
authority of Commissioner to grant exceptions from operation of chapter, and designating
said Code section as reserved.
SECTION 6.
Said title is further amended by revising Code Section 34-4-6, relating to action to recover
difference where employee paid less than minimum wage, as follows:
"34-4-6.
<ins>(a)</ins> If any employer pays any employee a lesser amount than the minimum wage provided
in this chapter, the employee, at any time within three years, may bring a civil action in
superior court for the recovery of the difference between the amount paid and the minimum
wage provided in this chapter, plus an additional amount equal to the original claim, which
shall be allowed as liquidated damages, together with costs and such reasonable attorney's
fees as may be allowed by the court. No contract or agreement between any employer and
his <ins>or her</ins> employees nor any acceptance of a lesser wage by any employee shall bar the
<ins>ability of an employee to bring an</ins> action <ins>under this subsection.
(b)(1) As used in this subsection, the term 'retaliate' or 'retaliation' means and refers to
the discharge, suspension, demotion, or any other adverse employment action taken as
to the terms or conditions of employment.
(2) No employer shall retaliate against an employee for such employee bringing an
action against such employer for recovery of wages pursuant to subsection (a) of this
Code section or otherwise seeking recovery of unpaid wages from such employer. Any
employer who retaliates against an employee in violation of this paragraph shall be guilty
of a misdemeanor.
(3) An employee who has been the object of retaliation in violation of this paragraph
may institute a civil action in superior court for relief as set forth in paragraph (4) of this
subsection within one year after discovering the retaliation or within three years after the
retaliation, whichever is earlier.
(4) In any civil action brought pursuant to this subsection, the court may order any or all
of the following relief:
(A) An injunction restraining continued violation of paragraph (2) of this subsection;
(B) Reinstatement of the employee to the same position held before the retaliation or
to an equivalent position;
(C) Reinstatement of full fringe benefits and seniority rights;
(D) Compensation for lost wages, benefits, and other remuneration;
(E) Any other compensatory damages allowable at law; or
(F) Punitive damages.
</ins>
<ins>(5) In any civil action brought pursuant to this subsection, the question of damages shall
be determined by the jury and the court shall award reasonable attorney's fees, court
costs, and expenses to a prevailing employee."
</ins> SECTION 7.
Said title is further amended in Code Section 34-6A-4, relating to prohibited discriminatory
activities, by adding a new subsection to read as follows:
<ins>"(a.1) No employer shall utilize a certificate issued by the United States Department of
Labor pursuant to 29 U.S.C. Section 214(c) to pay individuals with disabilities who are
employed by such employer less than the minimum wage required to be paid by employers
to employees under federal law."
</ins> SECTION 8.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended
in Code Section 42-5-59, relating to employment of inmates in the local community, by
revising subsection (b) as follows:
"(b) An inmate authorized to work at paid employment in the community under
subsection (a) of this Code section shall <ins>be paid for any labor provided at the market wage
comparable to that which would be paid to a person who is not incarcerated, which shall
in no event be less than the minimum wage required to be paid to employees under Code
Section 34-4-3, and shall</ins> comply with all rules and regulations promulgated by the board
relative to the handling, disbursement, and holding in trust of all funds earned by the
inmate while under the jurisdiction of the department. <del>An amount determined to be the
cost of the inmate's keep and confinement shall be deducted from the earnings of each
inmate, and such amount shall be deposited in the treasury of the department; provided,
however, that, if the inmate is assigned to a county correctional institution, the deducted
amount shall be deposited in the treasury of the county to which the inmate is assigned.
</del>
<del>After the deduction for keep and confinement, the</del> <ins>With respect to such wages, the
</ins> commissioner shall:
(1) Allow the inmate to draw from the balance a reasonable sum to cover his incidental
expenses;
(2) Retain to the inmate's credit an amount as is deemed necessary to accumulate a
reasonable sum to be paid to him on his release from the penal institution;
(3) Deduct from the inmate's funds any <del>amounts</del> <ins>amount</ins> necessary to cover the costs of
medical or dental attention provided to the inmate, <del>said.</del> <ins>Such</ins> deductions <del>to</del> <ins>shall</ins> be
made in accordance with policies and procedures promulgated by the commissioner;
<ins>provided, however, that no deductions shall be made under this paragraph if such
deductions would cause the inmate to receive less than the minimum wage required to be
paid to employees under Code Section 34-4-3;</ins> and
(4) Cause to be paid any additional balance as is needed for the support of the inmate's
dependents."
SECTION 9.
Said title is further amended in Code Section 42-5-60, relating to hiring out of inmates,
participation of inmates in programs of volunteer service, sale of products produced by
inmates, disposition of proceeds, and payment to inmates for services, by revising subsection
(c) as follows:
"(c) Funds arising from the sale of goods or other products manufactured or produced by
any state correctional institution operated by the department shall be deposited with the
treasury of the department. The funds arising from the sale of goods and products
produced in a county correctional institution or from the hiring out of inmates shall be
placed in the treasury or depository of the county, as the case may be. The department <del>is
authorized</del> <ins>shall,</ins> pursuant to rules and regulations adopted by the board, <del>to</del> pay
compensation of not <del>more</del> <ins>less</ins> than <del>$25.00 per month</del> <ins>the market wage comparable to that
</ins>
<ins>which would be paid to a person who is not incarcerated, which shall in no event be less
than the minimum wage required to be paid to employees under Code Section 34-4-3,</ins> from
funds available to the department to each inmate employed in any industry."
SECTION 10.
Said title is further amended in Code Section 42-5-120, relating to rules and regulations and
requirements, by revising subsection (b) as follows:
"(b) The rules and regulations for the work programs authorized by this article shall
include but not be limited to rules requiring:
(1) Assurance that inmates' work is voluntary and that there shall be no retribution
against inmates who do not volunteer;
(2) Payment of inmates at wages at a rate not less than that paid for work of a similar
nature in the locality in which the work is to be performed, <ins>which shall in no event be less
than the minimum wage required to be paid to employees under Code Section 34-4-3;
</ins> (3) Provision of federal and state governmental benefits to participating inmates
comparable to governmental benefits provided for similarly situated private sector
employees;
(4) Selection of participating inmates with careful attention to security issues;
(5) Appropriate supervision of inmates during travel and employment outside the
correctional institution;
(6) Assurance that inmate labor will not result in the displacement of employed workers;
be applied in skills, crafts, or trades in which there is a surplus of available gainful labor
in the locality; or impair existing contracts for services;
(7) Consultations with local private businesses that may be economically impacted;
(8) Consultations with local labor union organizations and other local employee groups,
especially those who have an interest in the trade or skill to be performed by the inmates;
and
(9) Procedures for deductions from inmate wages for federal, state, and local taxes;
reasonable charges for room and board; court-ordered child support and voluntary family
support; and payments to the Georgia Crime Victims Emergency Fund of not less than
5 percent nor greater than 20 percent of gross wages, in compliance with Prison Industry
Enhancement Certification Program requirements."
SECTION 11.
This Act shall become effective on January 1, 2026.
SECTION 12.
All laws and parts of laws in conflict with this Act are repealed.