Georgia Commons

Title 34. LABOR AND INDUSTRIAL RELATIONS

Chapter 8. EMPLOYMENT SECURITY

144 sections · 34-8-1 to 34-8-290

Article 1. GENERAL PROVISIONS

  1. 34-8-1Short title.
  2. 34-8-2Declaration of public policy.
  3. 34-8-3Right of General Assembly to amend or repeal chapter; effect.
  4. 34-8-4Representation by Attorney General.

Article 2. DEFINITIONS

  1. 34-8-20Annual payroll; average annual payroll.
  2. 34-8-21Base period; alternative base period.
  3. 34-8-22Benefits.
  4. 34-8-23Benefit year.
  5. 34-8-24Bona fide in the labor market.
  6. 34-8-25Calendar quarter.
  7. 34-8-26Commissioner.
  8. 34-8-27Common paymaster.
  9. 34-8-28Computation date.
  10. 34-8-29Contributions; payments in lieu of contributions.
  11. 34-8-30Deductible earnings.
  12. 34-8-31Department.
  13. 34-8-32Employee leasing company.
  14. 34-8-33Employer.
  15. 34-8-34Employing unit.
  16. 34-8-35Employment.
  17. 34-8-36Employment office.
  18. 34-8-37Employment Security Administration Fund.
  19. 34-8-38Experience rating account.
  20. 34-8-39Extended benefits.
  21. 34-8-40Fund.
  22. 34-8-41Insured work.
  23. 34-8-42Liable employer.
  24. 34-8-43Most recent employer.
  25. 34-8-44State.
  26. 34-8-45Supplemental unemployment benefits.
  27. 34-8-46Temporary help contracting firm.
  28. 34-8-47Unemployed; unemployment.
  29. 34-8-48Valid claim.
  30. 34-8-49Wages.
  31. 34-8-50Week.
  32. 34-8-51Weekly benefit amount.
  33. 34-8-52Governor’s designee.
  34. 34-8-53Issue date.

Article 3. ADMINISTRATION

  1. 34-8-70Duties and powers of Commissioner.
  2. 34-8-71Distribution of text of chapter and other materials.
  3. 34-8-72Appointment of state and local or industry advisory councils.
  4. 34-8-73Department to administer chapter and programs; authority to create, and delegate powers and duties to, Employment Security Agency.
  5. 34-8-74Appointment, compensation, powers, and duties of personnel administering chapter.
  6. 34-8-75Experience rating committee.
  7. 34-8-76Duties of Commissioner to reduce and prevent unemployment.
  8. 34-8-77Creation and financing of State Employment Service; cooperation with federal agencies; authority to establish and maintain free public employment offices.
  9. 34-8-78Board of review; appointment, term of office, compensation, and removal of members.
  10. 34-8-79State and federal cooperation in administration of chapter.
  11. 34-8-80Payment of compensation under two or more state unemployment compensation laws.
  12. 34-8-81Creation of Employment Security Administration Fund; sources of money for fund; management and control of moneys.
  13. 34-8-82State reimbursement of Employment Security Administration Fund for moneys lost, wrongfully expended, or overexpended.
  14. 34-8-83Establishment, composition, and administration of Unemployment Compensation Fund.
  15. 34-8-84Commissioner as custodian of fund; establishment of accounts within fund; deposits of money in accounts.
  16. 34-8-85Withdrawals from Unemployment Trust Fund for expenditures under chapter.
  17. 34-8-86Management of funds upon discontinuance of Unemployment Trust Fund.
  18. 34-8-87Borrowing funds from United States Treasury upon depletion of Unemployment Compensation Fund.
  19. 34-8-88Necessary powers in discharge of duties.
  20. 34-8-89Application for order requiring persons to obey subpoena issued by Commissioner.
  21. 34-8-90Authority to lease property.Repealed
  22. 34-8-91Benefits limited to extent funds are available.
  23. 34-8-92Disposition of fines, penalties, and interest collected; amounts collected pursuant to Code Section 34-8-255 to be returned to Unemployment Compensation Fund.
  24. 34-8-93Construction of chapter; severability.

Article 4. DISCLOSURE OF RECORDS

  1. 34-8-120Legislative intent.
  2. 34-8-121Information or records shall be private and confidential; release authorized; maintenance of records; disclosure of private and confidential information; destruction of outdated records.
  3. 34-8-122Communications between employer and employee, or between employer or employee and department, privileged.
  4. 34-8-123Commissioner’s authority to adopt, amend, or rescind rules and regulations.
  5. 34-8-124Access to records and information by individuals and employing units; fee for copies.
  6. 34-8-125Access to information or records by governmental agencies; penalty for violation.
  7. 34-8-126Information or records available to parties to judicial or formal administrative proceedings.
  8. 34-8-127Disclosure of information or records when necessary to permit private parties to assist in operation of department; penalty for violations; enforcement by Attorney General.
  9. 34-8-128Disclosure of information to contracting governmental or private organizations.
  10. 34-8-129Disclosure of information or records when identifying information deleted.
  11. 34-8-130Prevention of fraud and abuse of the Unemployment Trust Fund.

Article 5. CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS

  1. 34-8-150Payment of contributions by employers; deferral of de minimis amounts.
  2. 34-8-151Rate of employer contributions.
  3. 34-8-152Standard rate.
  4. 34-8-153Liability of succeeding employer; computation of rate of contributions; transfers between employers with substantially common ownership, management, or control; transfers made for the purpose of obtaining a lower rate of contribution; penalties for violations.
  5. 34-8-154Separate accounts.
  6. 34-8-155Benefit experience; variations from standard rate.
  7. 34-8-156State-wide Reserve Ratio; reduction in tax rate.
  8. 34-8-157Regular benefits paid to be charged against experience rating account.
  9. 34-8-158Financing benefits paid employees of governmental entities and nonprofit organizations.
  10. 34-8-159Specific provisions for payments in lieu of contributions.
  11. 34-8-159.1Installment payments by nonprofit organizations for finance unemployment benefits.
  12. 34-8-160Surety bond required.
  13. 34-8-161Group accounts.
  14. 34-8-162Establishment, administration, and contents of cash deposit escrow fund; deposit in and withdrawals from fund.
  15. 34-8-163Terminating liability to fund.
  16. 34-8-164Applications for adjustment or refund.
  17. 34-8-165Tax and wage reports; penalty for failure to file; fraudulent reports.
  18. 34-8-166Interest on delinquent contribution payments; waiver; reports.
  19. 34-8-167Collection of delinquent contribution payments generally.
  20. 34-8-168Authorized collection procedures; application of moneys obtained; procedure to contest execution; Attorney General to represent Commissioner; Commissioner’s rights, authority, and prerogatives.
  21. 34-8-169Commissioner’s authority to contract with outside entities to provide debt collection services.
  22. 34-8-170Commissioner authorized to estimate contributions due; notice of assessment; jeopardy assessment.
  23. 34-8-171Injunction against employing individuals if reports or payments due.
  24. 34-8-172Surety bond required of employee leasing company.
  25. 34-8-173Release or subordination of property subject to lien; authority to settle and compromise payment of contributions; annual reports.
  26. 34-8-174Payment of contributions in event of legal dissolution or distribution.
  27. 34-8-175Payment of contributions when employing unit sells or transfers business or stock of goods.
  28. 34-8-176Applicability of collection, penalty, and sanction provisions to public employers.
  29. 34-8-177Procedure for collecting delinquent contribution payments from public employers.
  30. 34-8-178Voluntary contributions by employers.

Article 6. (EFFECTIVE UNTIL JANUARY 1, 2027.) ADMINISTRATIVE ASSESSMENTS

  1. 34-8-180Assessment on wages; quarterly payment.
  2. 34-8-181Additional assessment for new or newly covered employer.
  3. 34-8-182Allocation of funds.
  4. 34-8-183Regulatory authority.
  5. 34-8-184Administration of article; authority of Commissioner.
  6. 34-8-185Repealer.

Article 7. BENEFITS

  1. 34-8-190Requirements governing claims for benefits.
  2. 34-8-191Benefits to be paid pursuant to rules and regulations.
  3. 34-8-192Initial determination and redetermination of eligibility for, amount of, and duration of benefits.2 versions
  4. 34-8-193Determination of weekly benefit amount.
  5. 34-8-194Grounds for disqualification of benefits.
  6. 34-8-195Determination of eligibility for unemployment benefits generally; eligibility while in training; deductions and withholdings from compensation.
  7. 34-8-196Determination of eligibility for benefits of persons performing certain services; eligibility for benefits of aliens performing services.
  8. 34-8-197Eligibility requirements for extended benefits.
  9. 34-8-198Payment of child support obligation from benefits.
  10. 34-8-199Definitions; disclosure; withholding uncollected overissuance.

Article 8. APPEALS

  1. 34-8-220Appointment of hearing officers to hear and decide appealed decisions.2 versions
  2. 34-8-221Review of decision of hearing officer by board of review.2 versions
  3. 34-8-222Procedure for appeal of claims to board of review; record of proceedings.
  4. 34-8-223Procedure for judicial review of final decisions of board of review.2 versions
  5. 34-8-224Fee for witnesses subpoenaed under article.

Article 9. PROHIBITED AND VOID ACTS; OVERPAYMENTS

  1. 34-8-250Prohibited agreements and activities; penalty.
  2. 34-8-251Fees for claiming benefits prohibited; attorney’s fees; penalty.
  3. 34-8-252Assignment, pledge, or encumbrance of right to benefits void; benefits exempt; waiver of exemption void.
  4. 34-8-253Obedience to subpoena required; self-incrimination; quashing, modification, or withdrawal of subpoena.
  5. 34-8-254Overpayments.
  6. 34-8-255Effect of false statements and misrepresentations made to obtain or increase benefits.
  7. 34-8-256Penalties for false representation or fraudulent claims.
  8. 34-8-257Civil penalties; waiver of any penalty, fine, or assessment.

Article 10. UNEMPLOYMENT TAX AMNESTY

  1. 34-8-270Short title.
  2. 34-8-271Legislative findings, declarations, and intent.
  3. 34-8-272Definitions.
  4. 34-8-273Development and administration of program; applicability and time period of program.
  5. 34-8-274Application for amnesty; conditions of participation in program; installment payments; penalties or criminal action.
  6. 34-8-275Amnesty granted to employers meeting requirements; exceptions.
  7. 34-8-276Interest on installment agreements.
  8. 34-8-277Administrative regulations, forms, and instructions; publicizing program.
  9. 34-8-278Accounting procedures; disposition of collections.
  10. 34-8-279Collection fees.
  11. 34-8-280Debt collection services.

Article 11. WORK SHARE PROGRAMS

  1. 34-8-290Work share as alternative to layoffs; program requirements.