HB1157: HB1157 Labor and industrial relations; preemption of wage and employment benefit mandates adopted by a local government entity; repeal certain provisions

Since 2004, Georgia law (O.C.G.A. § 34-4-3.1) has barred cities, counties, and other local government entities from requiring private employers to pay wages or provide benefits beyond what state or federal law already requires. It also stops local governments from using their purchasing and contracting rules to favor vendors based on wages or benefits, and from regulating employee work hours or scheduling. House Bill 1157 would repeal that entire code section. Doing so would remove the state preemption, opening the door for local governments to adopt their own wage, benefit, hours, or scheduling mandates for employers within their jurisdiction if they choose to. The bill would take effect immediately once signed by the Governor or otherwise becomes law, and it repeals any conflicting laws.

• Repeals O.C.G.A. § 34-4-3.1 in its entirety, eliminating the statewide ban on local wage and employment benefit mandates.
• Removes the current restriction preventing local governments from requiring employers to pay higher wages or provide benefits beyond state or federal minimums.
• Eliminates the rule barring local governments from using contracting or purchasing decisions to reward or penalize vendors based on wages or benefits offered.
• Removes the prohibition on local governments regulating employee work hours or scheduling requirements for private employers.
• Sets the repeal to take effect as soon as the Governor signs the bill or it otherwise becomes law without a signature.

Local governments such as counties, municipalities, consolidated governments, authorities, and local boards of education; private employers operating within those jurisdictions; and their employees, whose wages, benefits, and scheduling could become subject to new local rules.

If enacted, local governments across Georgia could begin passing their own minimum wage, benefits, or scheduling requirements for private employers, something currently prohibited statewide. This could lead to different labor standards from one city or county to another, affecting how businesses operate and how much employees are paid or scheduled.

• Section 1 repeals Code Section 34-4-3.1, which defined terms like 'employer,' 'employee,' 'wage or employment benefit mandate,' and 'local government entity.'
• The repealed section had preempted all local wage or benefit mandates and barred local governments from adopting, maintaining, or enforcing such mandates through any charter, ordinance, contract, or resolution.
• The repealed section also barred local governments from using purchasing or contracting preferences based on a vendor's wages or benefits.
• The repealed section had barred local governments from regulating employee hours, scheduling, or output during work hours for private employers, though it allowed regulation of business operating hours.
• Section 2 sets the effective date as upon the Governor's approval or the bill otherwise becoming law without signature.
• Section 3 repeals all laws and parts of laws in conflict with the Act.

1. 2026-02-04House Second Readers (House)
2. 2026-02-03House First Readers (House)
3. 2026-02-02House Hopper (House)

• Stacey Evans (D, HD-057)Primary sponsor
• Dewey McClain (D, HD-109)
• Long Tran (D, HD-080)
• Lydia Glaize (D, HD-067)
• Dar'shun Kendrick (D, HD-095)
• Mary Williams (D, HD-037)

• minimum wage
• local government authority
• labor law
• employment benefits
• state preemption