Georgia CommonsHB 82: Georgia Guest Worker Act; enact
Last action January 27, 2025 · House Second Readers
House Bill 82 would create a state run guest worker program inside Georgia's Department of Labor, letting employers hire foreign workers when the state finds a labor shortage, subject to wage, housing, and insurance rules.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Georgia currently has no state administered guest worker program; foreign temporary labor is handled through federal visa systems. This bill adds a new chapter to Georgia's labor code (O.C.G.A. Title 34, Chapter 11) directing the Commissioner of Labor to study whether labor shortages exist in specific industries and, if so, to run a program letting employers recruit foreign citizens to fill those jobs for one year terms, renewable annually. Employers who participate must pay a program fee, provide health insurance and workers compensation coverage, supply tools and equipment, pay at least the highest of several wage standards, cover the worker's transportation costs, and ensure the worker leaves Georgia when the job or authorization ends. Guest workers get state identification cards and face background restrictions such as past deportation or certain criminal convictions. Violating employers face civil fines up to $5,000 per violation, and guest workers who overstay face felony charges. The chapter only takes effect once the Attorney General finds the program can lawfully operate under state and federal law.
What the bill does
- Creates a new state administered guest worker program in the Department of Labor to fill documented labor shortages with foreign workers.
- Requires the Commissioner of Labor to study labor markets and determine whether a shortage exists before allowing guest workers into an industry.
- Sets employer obligations including paying a program fee, providing health insurance, workers compensation, housing (if federally required), meals or kitchen access, and covering transportation costs.
- Establishes wage floors for guest workers based on whichever of several standards (federal, state, or collectively bargained) is highest.
- Creates civil fines up to $5,000 per violation for employers and felony penalties, including one to five years imprisonment and up to a $10,000 fine, for guest workers who fail to leave Georgia after their authorization ends.
- Delays the whole chapter's effectiveness until the Attorney General finds the program can be lawfully run under state and federal law.
Who it affects
Georgia employers facing labor shortages who want to hire foreign workers, foreign citizens seeking to work temporarily in Georgia and their immediate family members, the Department of Labor and Commissioner of Labor who must run the program, and the Attorney General who must certify the program's legality before it starts.
Why it matters
If enacted and later certified by the Attorney General, employers in shortage industries could legally recruit foreign labor through a state process rather than relying solely on federal visa programs, while guest workers would face specific wage, housing, and insurance protections along with strict rules requiring them to leave Georgia when their work ends or face felony charges.
Key provisions
- Section 34-11-2 states the program's purpose: filling labor shortages in Georgia by hiring foreign citizens for limited periods.
- Section 34-11-3 requires the Commissioner to study whether a labor shortage exists in an industry before permitting guest workers there, and defines key terms like 'guest worker' and 'department.'
- Section 34-11-4 bars participation by people previously deported, refused entry, or convicted of a felony or certain driving offenses, and limits accompanying family to spouse and minor children.
- Section 34-11-5 lists 13 employer obligations, including paying program fees, providing insurance and housing, paying transportation costs, and paying at least the highest applicable wage rate.
- Section 34-11-6 sets one-year renewable work authorizations and requires the Commissioner to issue photo identification cards to guest workers and family members.
- Section 34-11-7 sets a civil fine of up to $5,000 per violation for employers and felony penalties (one to five years in prison, up to $10,000 fine) for guest workers who overstay their authorization by more than 30 days.
- Section 34-11-9 delays the chapter's effective date until the Attorney General certifies the program can be lawfully administered under state and federal law.
From the bill
“A labor shortage shall exist only when the Commissioner, based upon a study or studies of the labor force in this state, determines that there is an insufficient number of qualified citizens of the United States or persons who are citizens of other countries who are legally present in the United States available to fill the job openings”
“Any person who participates in the guest worker program as a guest worker who fails or refuses to return to his or her country of citizenship within 30 days following the termination of his or her employment as a guest worker or within 30 days of the expiration of his or her status as a guest worker shall be guilty of a felony”
“The provisions of this chapter shall become effective on the first day of the third month following a finding by the Attorney General that the program established under this chapter may be lawfully administered under the laws of the State of Georgia and the United States.”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Matt Reeves (R, HD-099)
- Reynaldo Martinez (R, HD-111)
- Mary Oliver (D, HD-084)
- Alan Powell (R, HD-033)
- William Werkheiser (R, HD-157)
- Shelly Hutchinson (D, HD-106)
Topics
- guest worker program
- immigration and labor
- Georgia Department of Labor
- employer requirements
- wage and housing standards