34-4-3.1. Wages, employment benefits, and scheduling by local government entities.

As used in this Code section, the term:#

1. (1)

   “Employee” means any individual employed by an employer.#

2. (2)

   “Employer” means any person or entity that employs one or more employees.#

3. (3)

   “Employment benefits” means anything of value that an employee may receive from an employer in addition to wages and salary. This term includes, but is not limited to, any health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; additional pay based on schedule changes; retirement benefits; and profit-sharing benefits.#

4. (4)

   “Local government entity” means a county, municipal corporation, consolidated government, authority, board of education, or other local public board, body, or commission.#

5. (5)

   “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any other organized group of persons.#

6. (6)

   “Wage or employment benefit mandate” means any requirement adopted by a local government entity which requires an employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under this Code or federal law.#

1. (1)

   Any and all wage or employment benefit mandates adopted by any local government entity are hereby preempted.#

2. (2)

   No local government entity may adopt, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate.#

3. (3)

   Any local government entity may offer its own employees employment benefits.#

No local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity. A local government entity shall not through the use of evaluation factors, qualification of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity.#

1. (1)

   No local government entity may adopt, maintain, or enforce by charter, ordinance, regulation, rule, or resolution the hours or scheduling that an employer is required to provide employees or otherwise regulate employee output during work hours.#

2. (2)

   Any local government entity may set and regulate such hours, scheduling, and output for its own employees and for the provision of services, including, but not limited to, those related to the supplementary powers given to local governments in Article IX, Section II, Paragraph III of the Constitution of this state.#

3. (3)

   Nothing in this subsection shall prohibit a local government entity from regulating or limiting the hours a business may operate.#