HB1493: HB1493 Georgia Worker Empowerment Act; enact

26 LC 65 0068 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 industrial1 relations, so as to provide for certain employee rights; to establish employee union freedoms;2 to provide for definitions; to revise at-will employment; to re vise employee status3 regulations; to provide for a short title; to provide for confo rming changes; to provide for4 worker standards boards; to provide for such boards to report t o the Department of Labor;5 to require the Department of Labor to make an annual report; to authorize certain civil6 penalties; to amend Code Section 16-8-16 of the Official Code o f Georgia Annotated,7 relating to theft by extortion, so as to exclude lawful good fa ith bargaining from the8 definition of criminal extortion; to repeal and reserve Code Se ction 20-2-989.10 of the9 Official Code of Georgia Annotated, relating to collective barg aining not permitted or10 fostered; to repeal and reserve Chapter 5 of Title 25 of the Of ficial Code of Georgia11 Annotated, relating to resolution of wages, hours, and working conditions of firefighters; to12 amend Code Section 45-7-54 of the Official Code of Georgia Anno tated, relating to13 voluntary contributions by state employees through payroll dedu ctions to certain not for14 profit organizations, so as to provide that voluntary contributions by state employees may be15 deducted for organizations which engage in collective bargaining with this state; to amend16 Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices17 of public officers and employees, so as to repeal and reserve Article 1, relating to strikes by18 H. B. 1493 - 1 - 26 LC 65 0068 public employees; to amend Code Section 50-5-72 of the Official Code of Georgia19 Annotated, relating to construction and public works contracts conducted by department,20 advertising costs, and exceptions, so as to require contractors of certain public works21 contracts to pay the prevailing wage; to provide for related ma tters; to provide for an22 effective date; to repeal conflicting laws; and for other purposes.23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24 PART I25 Georgia Worker Empowerment Act26 SECTION 1-1.27 Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,28 is amended by revising Chapter 11, which is reserved, as follows:29 "CHAPTER 1130 34-11-1.31 This chapter shall be known and may be cited as the 'Georgia Worker Empowerment Act.'32 34-11-2.33 As used in this chapter, the term:34 (1) 'Automated quotas' means a technology system that monitors, tracks, and enforces35 specific productivity metrics for employees in real time, including, but not limited to, the36 number of items picked or packages sorted per hour.37 (2) 'Collective bargaining' means the process of employees neg otiating contracts with38 their employers to meet at reasonable times, to negotiate in good faith, and to execute a39 H. B. 1493 - 2 - 26 LC 65 0068 written contract with respect to agreements reached concerning the terms and conditions40 of employment, including, but not limited to, pay, benefits, hours, leave, job health, and41 safety policies.42 (3) 'Commissioner' means the Commissioner of Labor of the State of Georgia.43 (4) 'Department' means the Department of Labor of the State of Georgia.44 (5) 'Employee' shall have the same meaning as set forth in Code Section 34-9-1.45 (6) 'Employer' shall have the same meaning as set forth in Code Section 34-9-1.46 (7) 'Strike' means the failure to report for duty, the willful absence from one's position,47 the stoppage or deliberate slowing down of work, or the withholding in whole or in part48 of the full, faithful, and proper performance of the duties of employment for the purpose49 of inducing, influencing, or coercing a change in the condition s, compensation, rights,50 privileges, or obligations of employment.51 34-11-3.52 This chapter shall only apply to employees and employers not su bject to the federal53 National Labor Relations Act.54 34-11-4.55 (a) Employees shall have the right to self-organization; to fo rm, join, or assist labor56 organizations; and to participate in collective bargaining through representatives of their57 own choosing at any time.58 (b) No employer shall discharge, permanently replace, or otherwise discriminate against59 an employee because the employee has engaged in an activity for the purpose of collective60 bargaining or other mutual aid or protection, including but not limited to, providing notices,61 recruiting members, boycotting, picketing, or a strike.62 H. B. 1493 - 3 - 26 LC 65 0068 34-11-5.63 (a) No employer shall require an employee to attend a meeting or participate in any64 communication where the primary purpose is to communicate the employer's opinion about65 religious or political matters, including the decision to join or support a labor organization.66 (b) Any such meeting shall be strictly voluntary, and no adver se action shall be taken67 against an employee for choosing not to attend.68 34-11-6.69 Warehouse employers using automated quotas shall provide employ ees with a written70 description of each automated quota. No automated quota shall be enforced that prevents71 an employee from taking mandated meal or rest breaks or using restroom facilities.72 34-11-7.73 (a) There is created the Construction Worker Standards Board.74 (b)(1) Such board shall consist of seven members and shall be composed of three75 construction employee representatives, three construction employer representatives, and76 one representative of the public at large as appointed by the Commissioner.77 (2) The Commissioner shall designate the initial terms of the members of such board as78 follows: two members shall be appointed for one year; three members shall be appointed79 for two years; and two members shall be appointed for three yea rs. Thereafter, all80 succeeding appointments shall be for three-year terms from the expiration of the previous81 term.82 (3) There shall be a chairperson of such board elected by and from the membership of83 the board who shall be the presiding officer of the board.84 (4) Such board shall meet at least quarterly and at the call o f the presiding officer and85 follow all policies and procedures of Chapter 14 of Title 50.86 H. B. 1493 - 4 - 26 LC 65 0068 (5) Such board shall review and make recommendations to the Commissioner, including,87 but not limited to, minimum standards for wages, hours, and saf ety of construction88 workers.89 (6) Vacancies in office shall be filled by appointment by the Commissioner and shall be90 for the same representative category as the position that becom es vacant. An91 appointment to fill a vacancy other than by expiration of a term of office shall be for the92 balance of the unexpired term.93 (7) The Commissioner may remove from office any member for inability or neglect to94 perform the duties required of members; incompetence; or dishonest conduct.95 (8) Each member of such board who is not otherwise a state off icer or employee shall96 receive for each day that such member is in attendance at a meeting of the board a daily97 expense allowance and reimbursement for transportation costs as provided for in Code98 Section 45-7-21. Each member of the board who is otherwise an officer or employee of99 a state agency or authority may be reimbursed by that agency or authority for meals,100 transportation, and lodging in the usual manner authorized by law for such officers and101 employees. The members of the board shall not receive any dupl icate or other102 compensation for their services as such.103 34-11-8.104 (a) There is created the Healthcare Worker Standards Board.105 (b)(1) Such board shall consist of 13 members and shall be composed as follows:106 (A) One certified nursing assistants employee representative and one certified nursing107 assistants employer representative;108 (B) One home health aides employee representative and one home health aides109 employer representative;110 (C) One nursing home employee representative and one nursing h ome employer111 representative;112 H. B. 1493 - 5 - 26 LC 65 0068 (D) One emergency medical technician employee representative and one emergency113 medical technician employer representative;114 (E) One behavioral health technician employee representative a nd one behavioral115 health technician employer representative; and116 (F) Three representatives of the public at large as appointed by the Commissioner.117 (2) The Commissioner shall designate the initial terms of the members of such board as118 follows: four members shall be appointed for one year; five members shall be appointed119 for two years; and four members shall be appointed for three ye ars. Thereafter, all120 succeeding appointments shall be for three-year terms from the expiration of the previous121 term.122 (3) There shall be a chairperson of such board elected by and from the membership of123 the board who shall be the presiding officer of the board.124 (4) Such board shall meet at least quarterly and at the call o f the presiding officer and125 follow all policies and procedures of Chapter 14 of Title 50.126 (5) Such board shall review and make recommendations to the Commissioner, including,127 but not limited to, minimum standards for wages, hours, and safety of healthcare workers.128 (6) Vacancies in office shall be filled by appointment by the Commissioner and shall be129 for the same representative category as the position that becom es vacant. An130 appointment to fill a vacancy other than by expiration of a term of office shall be for the131 balance of the unexpired term.132 (7) The Commissioner may remove from office any member for inability or neglect to133 perform the duties required of members; incompetence; or dishonest conduct.134 (8) Each member of such board who is not otherwise a state off icer or employee shall135 receive for each day that such member is in attendance at a meeting of the board a daily136 expense allowance and reimbursement for transportation costs as provided for in Code137 Section 45-7-21. Each member of the board who is otherwise an officer or employee of138 a state agency or authority may be reimbursed by that agency or authority for meals,139 H. B. 1493 - 6 - 26 LC 65 0068 transportation, and lodging in the usual manner authorized by law for such officers and140 employees. The members of the board shall not receive any dupl icate or other141 compensation for their services as such.142 34-11-9.143 (a) There is created the Hospitality Worker Standards Board.144 (b)(1) Such board shall consist of seven members and shall be composed of three145 hospitality employee representatives, three hospitality employer representatives, and one146 representative of the public at large as appointed by the Commissioner.147 (2) The Commissioner shall designate the initial terms of the members of such board as148 follows: two members shall be appointed for one year; three members shall be appointed149 for two years; and two members shall be appointed for three yea rs. Thereafter, all150 succeeding appointments shall be for three-year terms from the expiration of the previous151 term.152 (3) There shall be a chairperson of such board elected by and from the membership of153 the board who shall be the presiding officer of the board.154 (4) Such board shall meet at least quarterly and at the call o f the presiding officer and155 follow all policies and procedures of Chapter 14 of Title 50.156 (5) Such board shall review and make recommendations to the Commissioner, including,157 but not limited to, minimum standards for wages, hours, and saf ety of hospitality158 workers.159 (6) Vacancies in office shall be filled by appointment by the Commissioner and shall be160 for the same representative category as the position that becom es vacant. An161 appointment to fill a vacancy other than by expiration of a term of office shall be for the162 balance of the unexpired term.163 (7) The Commissioner may remove from office any member for inability or neglect to164 perform the duties required of members; incompetence; or dishonest conduct.165 H. B. 1493 - 7 - 26 LC 65 0068 (8) Each member of such board who is not otherwise a state off icer or employee shall166 receive for each day that such member is in attendance at a meeting of the board a daily167 expense allowance and reimbursement for transportation costs as provided for in Code168 Section 45-7-21. Each member of the board who is otherwise an officer or employee of169 a state agency or authority may be reimbursed by that agency or authority for meals,170 transportation, and lodging in the usual manner authorized by law for such officers and171 employees. The members of the board shall not receive any dupl icate or other172 compensation for their services as such.173 34-11-10.174 (a) There is created the Manufacturer and Warehouse Worker Standards Board.175 (b)(1) Such board shall consist of seven members and shall be composed of three176 manufacturer and warehouse employee representatives, three manu facturer and177 warehouse employer representatives, and one representative of t he public at large as178 appointed by the Commissioner.179 (2) The Commissioner shall designate the initial terms of the members of such board as180 follows: two members shall be appointed for one year; three members shall be appointed181 for two years; and two members shall be appointed for three yea rs. Thereafter, all182 succeeding appointments shall be for three-year terms from the expiration of the previous183 term.184 (3) There shall be a chairperson of such board elected by and from the membership of185 the board who shall be the presiding officer of the board.186 (4) Such board shall meet at least quarterly and at the call o f the presiding officer and187 follow all policies and procedures of Chapter 14 of Title 50.188 (5) Such board shall review and make recommendations to the Commissioner, including,189 but not limited to, minimum standards for wages, hours, and safety of manufacturer and190 warehouse workers.191 H. B. 1493 - 8 - 26 LC 65 0068 (6) Vacancies in office shall be filled by appointment by the Commissioner and shall be192 for the same representative cat egory as the position that becom es vacant. An193 appointment to fill a vacancy other than by expiration of a term of office shall be for the194 balance of the unexpired term.195 (7) The Commissioner may remove from office any member for inability or neglect to196 perform the duties required of members; incompetence; or dishonest conduct.197 (8) Each member of such board who is not otherwise a state off icer or employee shall198 receive for each day that such member is in attendance at a meeting of the board a daily199 expense allowance and reimbursement for transportation costs as provided for in Code200 Section 45-7-21. Each member of the board who is otherwise an officer or employee of201 a state agency or authority may be reimbursed by that agency or authority for meals,202 transportation, and lodging in the usual manner authorized by law for such officers and203 employees. The members of the board shall not receive any dupl icate or other204 compensation for their services as such.205 34-11-11.206 (a) There is created the Retail and Food Service Worker Standards Board.207 (b)(1) Such board shall consist of nine members and shall be composed as follows:208 (A) Two food service employee representatives;209 (B) Two food service employer representatives;210 (C) Two retail worker employee representatives;211 (D) Two retail worker employer representatives; and212 (E) One representative of the public at large as appointed by the Commissioner.213 (2) The Commissioner shall designate the initial terms of the members of such board as214 follows: three members shall be appointed for one year; three members shall be appointed215 for two years; and three members shall be appointed for three y ears. Thereafter, all216 H. B. 1493 - 9 - 26 LC 65 0068 succeeding appointments shall be for three-year terms from the expiration of the previous217 term.218 (3) There shall be a chairperson of such board elected by and from the membership of219 the board who shall be the presiding officer of the board.220 (4) Such board shall meet at least quarterly and at the call o f the presiding officer and221 follow all policies and procedures of Chapter 14 of Title 50.222 (5) Such board shall review and make recommendations to the Commissioner, including,223 but not limited to, minimum standards for wages, hours, and saf ety of retail and food224 service workers.225 (6) Vacancies in office shall be filled by appointment by the Commissioner and shall be226 for the same representative category as the position that becom es vacant. An227 appointment to fill a vacancy other than by expiration of a term of office shall be for the228 balance of the unexpired term.229 (7) The Commissioner may remove from office any member for inability or neglect to230 perform the duties required of members; incompetence; or dishonest conduct.231 (8) Each member of such board who is not otherwise a state off icer or employee shall232 receive for each day that such member is in attendance at a meeting of the board a daily233 expense allowance and reimbursement for transportation costs as provided for in Code234 Section 45-7-21. Each member of the board who is otherwise an officer or employee of235 a state agency or authority may be reimbursed by that agency or authority for meals,236 transportation, and lodging in the usual manner authorized by law for such officers and237 employees. The members of the board shall not receive any dupl icate or other238 compensation for their services as such.239 34-11-12.240 (a) There is created the Trucking and Transportation Worker Standards Board.241 H. B. 1493 - 10 - 26 LC 65 0068 (b)(1) Such board shall consist of seven members and shall be composed of three242 trucking or transportation employee representatives, three truc king or transportation243 employer representatives, and one representative of the public at large as appointed by244 the Commissioner.245 (2) The Commissioner shall designate the initial terms of the members of such board as246 follows: two members shall be appointed for one year; three members shall be appointed247 for two years; and two members shall be appointed for three yea rs. Thereafter, all248 succeeding appointments shall be for three-year terms from the expiration of the previous249 term.250 (3) There shall be a chairperson of such board elected by and from the membership of251 the board who shall be the presiding officer of the board.252 (4) Such board shall meet at least quarterly and at the call o f the presiding officer and253 follow all policies and procedures of Chapter 14 of Title 50.254 (5) Such board shall review and make recommendations to the Commissioner, including,255 but not limited to, minimum standards for wages, hours, and saf ety of trucking and256 transportation workers.257 (6) Vacancies in office shall be filled by appointment by the Commissioner and shall be258 for the same representative category as the position that becom es vacant. An259 appointment to fill a vacancy other than by expiration of a term of office shall be for the260 balance of the unexpired term.261 (7) The Commissioner may remove from office any member for inability or neglect to262 perform the duties required of members; incompetence; or dishonest conduct.263 (8) Each member of such board who is not otherwise a state off icer or employee shall264 receive for each day that such member is in attendance at a meeting of the board a daily265 expense allowance and reimbursement for transportation costs as provided for in Code266 Section 45-7-21. Each member of the board who is otherwise an officer or employee of267 a state agency or authority may be reimbursed by that agency or authority for meals,268 H. B. 1493 - 11 - 26 LC 65 0068 transportation, and lodging in the usual manner authorized by law for such officers and269 employees. The members of the board shall not receive any dupl icate or other270 compensation for their services as such.271 34-11-13.272 (a) Any employer which is found by the department, after notice and an opportunity for273 a hearing, to have willfully violated any provision of this cha pter shall be subject to an274 administrative fine not to exceed $5,000.00 for each separate violation. Each day during275 which any such violation occurs shall constitute a separate violation.276 (b) Any determination by the department that an employer has w illfully violated any277 provision of this chapter shall be subject to appeal. Any hearing conducted pursuant to this278 Code section shall be conducted in accordance with Chapter 13 o f Title 50, the 'Georgia279 Administrative Procedure Act.'280 34-11-14.281 If federal enforcement of the National Labor Relations Act is diminished or the National282 Labor Relations Act is narrowed by judicial review, the Georgia Department of Labor shall283 assume jurisdiction to certify bargaining units and adjudicate unfair labor practices for284 private sector employees.285 34-11-15.286 Any employee damaged by a violation of Code Sections 34-11-4 th rough 34-11-6 shall287 have the right to bring a civil action in a court of competent jurisdiction against the person288 or persons responsible for such violation. In any action commenced pursuant to this Code289 section, the plaintiff shall be entitled to recover actual damages, reasonable attorneys' fees,290 costs of litigation, and punitive damages where appropriate.291 H. B. 1493 - 12 - 26 LC 65 0068 34-11-16.292 (a) Beginning June 30, 2027, and annually thereafter, the department shall make an annual293 report to the Governor, the Speaker of the House of Representatives, the President of the294 Senate, the chairperson of the House Committee on Industry and Labor, and the295 chairperson of the Senate Insurance and Labor Committee on the findings of all boards296 established pursuant to this chapter.297 (b) The department shall make publicly available all annual reports submitted pursuant to298 this Code section on the department's website.299 34-11-17.300 The department may make reasonable rules and regulations, not inconsistent with law, for301 the interpretation and enforcement of the provisions of this chapter. Reserved."302 PART II303 Conforming changes in Title 34304 SECTION 2-1.305 Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,306 is amended in Chapter 6, relating to labor organizations and labor relations, by repealing and307 reserving:308 (1) Code Section 34-6-21, relating to membership in or resigna tion from labor309 organization as condition of employment or continuation of employment and application310 of federal law;311 (2) Code Section 34-6-22, relating to payment to labor organization of fee or assessment312 as condition of employment;313 (3) Code Section 34-6-24, relating to contracts requiring membership in or payments to314 labor organizations as condition of employment; and315 H. B. 1493 - 13 - 26 LC 65 0068 (4) Code Section 34-6-25, relating to deductions from employees' earnings of fees of labor316 organizations and exceptions.317 SECTION 2-2.318 Said title is further amended in Part 1 of Article 1 of Chapter 7, relating to wages generally,319 by revising Code Section 34-7-1, relating to determination of t erm of employment and320 manner of termination of indefinite hiring, as follows:321 "34-7-1.322 (a) As used in this Code section, the term 'just cause' means a bona fide reason or a failure323 of the employee to satisfactorily perform job duties after receiving progressive discipline.324 (b) If a contract of employment provides that wages are payable at a stipulated period, the325 presumption shall arise that the hiring is for such period, provided that, if anything else in326 the contract indicates that the hiring was for a longer term, the mere reservation of wages327 for a lesser time will not control. An indefinite hiring may be terminated at will by either328 party. No employer may terminate an employee except for just cause."329 SECTION 2-3.330 Said title is further amended in said part by adding a new Code section to read as follows:331 "34-7-5.1.332 (a) As used in this Code section, the term 'predictability pay' means one hour of pay.333 (b) Employers in the retail, food service, and hospitality ind ustries with over 100334 employees shall:335 (1) Provide work schedules at least 14 days in advance of each employee's shift;336 (2) Provide predictability pay for any employer initiated shift changes made within less337 than 14 days notice; and338 (3) Allow a ten-hour rest period between shifts for each employee, unless such employee339 consents in writing to work for 1.5 times pay."340 H. B. 1493 - 14 - 26 LC 65 0068 SECTION 2-4.341 Said title is further amended in Chapter 9, relating to workers ' compensation, by revising342 paragraph (2) of Code Section 34-9-1, relating to definitions, as follows:343 "(2) 'Employee' means every person in the service of another under any contract of hire344 or apprenticeship, written or implied, except a person whose em ployment is not in the345 usual course of the trade, business, occupation, or profession of the employer; and, except346 as otherwise provided in this chapter, minors are included even though working in347 violation of any child labor law or other similar statute; provided, however, that nothing348 contained in this chapter shall be construed as repealing or al tering any such law or349 statute. Any reference to any employee who has been injured shall, if the employee dies,350 include such employee's legal representatives, dependents, and other persons to whom351 compensation may be payable pursuant to this chapter. All firefighters, law enforcement352 personnel, and personnel of emergency management or civil defense agencies, emergency353 medical services, and rescue organizations whose compensation i s paid by the state or354 any county or municipality, regardless of the method of appoint ment, and all full-time355 county employees and employees of elected salaried county offic ials are specifically356 included in this definition. There shall also be included within such term any volunteer357 firefighter of any county or municipality of this state, but on ly for services rendered in358 such capacity which are not prohibited by Code Section 38-3-36 and only if the359 governing authority of the county or municipality for which such services are rendered360 shall provide by appropriate resolution for inclusion of such volunteer firefighters; any361 volunteer law enforcement personnel of any county or municipality of this state who are362 certified by the Georgia Peace Officer Standards and Training Council, for volunteer law363 enforcement services rendered in such capacity which are not pr ohibited by Code364 Section 38-3-36 and only if the governing authority of the coun ty or municipality for365 which such services are rendered shall provide by appropriate resolution for inclusion of366 such volunteer law enforcement personnel; any person who is a v olunteer member or367 H. B. 1493 - 15 - 26 LC 65 0068 worker of an emergency management or civil defense organization, emergency medical368 service, or rescue organization, whether governmental or not, o f any county or369 municipality of this state for volunteer services, which are no t prohibited by Code370 Section 38-3-36, rendered in such capacity and only if the gove rning authority of the371 county or municipality for which such services are rendered shall provide by appropriate372 resolution for inclusion of such volunteer members or workers; and any person certified373 by the Department of Public Health or the Georgia Composite Med i c a l B o a r d a n d374 registered with any county or municipality of this state as a m edical first responder for375 any volunteer first responder services rendered in such capacity, which are not prohibited376 by Code Section 38-3-36 and only if the governing authority of the county or377 municipality for which such services are rendered shall provide by appropriate resolution378 for inclusion of such responders. The various elected county o fficers and elected379 members of the governing authority of an individual county shall also be included in this380 definition, if the governing authority of such county shall provide therefor by appropriate381 resolution. For the purposes of workers' compensation coverage, employees of county382 and district health agencies established under Chapter 3 of Title 31 are deemed and shall383 be considered employees of the State of Georgia and employees of community service384 boards established under Chapter 2 of Title 37 shall be considered to be employees of the385 state. For the purpose of workers' compensation coverage, memb ers of the Georgia386 National Guard and the State Defense Force serving on state active duty pursuant to an387 order by the Governor are deemed and shall be considered to be employees of this state. 388 A person shall be an independent contractor and not an employee if such person has a389 written contract as an independent contractor and if such perso n buys a product and390 resells it, receiving no other compensation, or provides an agr icultural service or such391 person otherwise qualifies as an independent contractor. Notwithstanding the foregoing392 provisions of this paragraph, any officer of a corporation may elect to be exempt from393 coverage under this chapter by filing written certification of such election with the insurer394 H. B. 1493 - 16 - 26 LC 65 0068 or, if there is no insurer, the State Board of Workers' Compensation as provided in Code395 Section 34-9-2.1. For purposes of this chapter, an owner-operator as such term is defined396 in Code Section 40-2-87 shall be deemed to be an independent co ntractor. Inmates or397 persons participating in a work release program, community service program, or similar398 program as part of the punishment for violation of a municipal ordinance pursuant to399 Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an400 employee while participating in work or training or while going to and from the work site401 or training site, unless such inmate or person is employed for private gain in violation of402 Code Section 42-1-5 or Code Section 42-3-50 or unless the municipality or county had403 voluntarily established a policy, on or before January 1, 1993, to provide workers'404 compensation benefits to such individuals. Indivi duals who are parties to a franchise405 agreement as set out by the Federal Trade Commission franchise disclosure rule,406 16 C.F.R. 436.1 through 436.11, shall not be deemed employees f or purposes of this407 chapter."408 SECTION 2-5.409 Said chapter of said title is further amended by revising subse ction (e) of Code410 Section 34-9-2, relating to applicability of chapter to employe rs and employees generally,411 as follows:412 "(e)(1) A person providing labor for payment shall be considered an employee unless the413 hiring entity demonstrates:414 (A) The person is free from the control and direction of the hiring entity;415 (B) The person performs work that is outside the usual course of the hiring entity's416 business; and417 (C) The person is customarily engaged in an independently esta blished trade of the418 same nature as the work performed.419 H. B. 1493 - 17 - 26 LC 65 0068 (2) If the hiring entity demonstrates all of the criteria set forth in paragraph (1) of this420 subsection, the person shall be considered an independent contr actor unless otherwise421 determined by an administrative law judge to be an employee.422 (e) A person or entity shall otherwise qualify as an independe nt contractor and not an423 employee if such person or entity meets all of the following criteria:424 (1) Is a party to a contract, written or implied, which intend s to create an independent425 contractor relationship;426 (2) Has the right to exercise control over the time, manner, and method of the work to427 be performed; and428 (3) Is paid on a set price per job or a per unit basis, rather than on a salary or hourly429 basis.430 A person who does not meet all of the above listed criteria shall be considered an employee431 unless otherwise determined by an administrative law judge to b e an independent432 contractor."433 PART III434 Conforming changes throughout Code435 SECTION 3-1.436 Code Section 16-8-16 of the Official Code of Georgia Annotated, relating to theft by437 extortion, is amended by revising paragraph (5) of subsection (a) as follows:438 "(5) Bring about or continue a strike, boycott, or other collective unofficial action if the439 property is not demanded or received for the benefit of the gro up in whose interest the440 actor purports to act; provided, however, that this paragraph s hall not apply to lawful441 interactions conducted as part of good faith bargaining as prov ided for in Code442 Section 34-11-4; or"443 H. B. 1493 - 18 - 26 LC 65 0068 SECTION 3-2.444 Code Section 20-2-989.10 of the Official Code of Georgia Annotated, relating to collective445 bargaining not permitted or fostered, is amended as follows:446 "20-2-989.10.447 Nothing in this part shall be construed to permit or foster collective bargaining as part of448 the state rules or local unit of administration policies. Reserved."449 SECTION 3-3.450 Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is451 amended by repealing Chapter 5, relating to resolution of wages , hours, and working452 conditions of firefighters, and designating said chapter as reserved.453 SECTION 3-4.454 Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to voluntary455 contributions by state government employees through payroll deductions to certain not for456 profit organizations, is amended by repealing and reserving subsection (e).457 SECTION 3-5.458 Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices,459 is amended by repealing Article 1, relating to strikes by public employees, and designating460 said article as reserved.461 SECTION 3-6.462 Code Section 50-5-72 of the Official Code of Georgia Annotated, relating to construction and463 public works contracts conducted by department, advertising cos ts, and exceptions, is464 amended by adding a new subsection to read as follows:465 H. B. 1493 - 19 - 26 LC 65 0068 "(f) Notwithstanding any other provision of this part or any ot her law dealing with the466 subject matter contained in this Code section to the contrary, all public works contracts467 exceeding a total expenditure of $25,000.00 shall require contractors to pay the prevailing468 wage, including fringe benefits, as determined by the Commissio ner of Labor based on469 local collective bargaining agreements."470 PART IV471 Effective Date and Repealer472 SECTION 4-1.473 This Act shall become effective upon its approval by the Governor or upon its becoming law474 without such approval.475 SECTION 4-2.476 All laws and parts of laws in conflict with this Act are repealed.477 H. B. 1493 - 20 -