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

26 LC 52 0657 House Bill 1157 By: Representatives Evans of the 57th, McClain of the 109th, Tran of the 80th, Glaize of the 67th, Kendrick of the 95th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to1 minimum wage law, so as to repeal certain provisions relating to the preemption of wage and2 employment benefit mandates adopted by a local government entity; to provide for related3 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage7 law, is amended by repealing Code Section 34-4-3.1, relating to wage, employment benefits,8 and scheduling by local government entities, as follows:9 "34-4-3.1.10 (a) As used in this Code section, the term:11 (1) 'Employee' means any individual employed by an employer.12 (2) 'Employer' means any person or entity that employs one or more employees.13 (3) 'Employment benefits' means anything of value that an employee may receive from14 an employer in addition to wages and salary. This term include s, but is not limited to,15 any health benefits; disability benefits; death benefits; group accidental death and16 H. B. 1157 - 1 - 26 LC 52 0657 dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal17 necessity; additional pay based on schedule changes; retirement benefits; and18 profit-sharing benefits.19 (4) 'Local government entity' means a county, municipal corpor ation, consolidated20 government, authority, board of education, or other local publi c board, body, or21 commission.22 (5) 'Person' means an individual, partnership, association, co rporation, business trust,23 legal representative, or any other organized group of persons.24 (6) 'Wage or employment benefit mandate' means any requirement adopted by a local25 government entity which requires an employer to pay any or all of its employees a wage26 rate or provide employment benefits not otherwise required unde r this Code or federal27 law.28 (b)(1) Any and all wage or employment benefit mandates adopted by any local29 government entity are hereby preempted.30 (2) No local government entity may adopt, maintain, or enforce by charter, ordinance,31 purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly,32 a wage or employment benefit mandate.33 (3) Any local government entity may offer its own employees employment benefits.34 (c) No local government entity may through its purchasing or contracting procedures seek35 to control or affect the wages or employment benefits provided by its vendors, contractors,36 service providers, or other parties doing business with the local government entity. A local37 government entity shall not through the use of evaluation factors, qualification of bidders,38 or otherwise award preferences on the basis of wages or employment benefits provided by39 its vendors, contractors, service providers, or other parties d oing business with the local40 government entity.41 H. B. 1157 - 2 - 26 LC 52 0657 (d)(1) No local government entity may adopt, maintain, or enforce by charter, ordinance,42 regulation, rule, or resolution the hours or scheduling that an employer is required to43 provide employees or otherwise regulate employee output during work hours.44 (2) Any local government entity may set and regulate such hours, scheduling, and output45 for its own employees and for the provision of services, includ ing, but not limited to,46 those related to the supplementary powers given to local govern ments in Article IX,47 Section II, Paragraph III of the Constitution of this state.48 (3) Nothing in this subsection shall prohibit a local government entity from regulating49 or limiting the hours a business may operate."50 SECTION 2.51 This Act shall become effective upon its approval by the Governor or upon its becoming law52 without such approval.53 SECTION 3.54 All laws and parts of laws in conflict with this Act are repealed.55 H. B. 1157 - 3 -