The bill proposes that services performed by an individual for wages shall be deemed to be employment unless:
- the Department of Labor makes a contrary determination based upon evidence submitted of certain factors demonstrating that such individual has been and will continue to be free from control or direction over the performance of such services and as demonstrated by evidence that the individual is not prohibited from working for other companies; is free to accept or reject work assignments without consequence, is not prescribed minimum hours to work or does not have a minimum number of orders to be obtained; has the discretion to set his or her own work schedule; and has no territorial or geographic restrictions; and
- the individual is customarily engaged in an independently established trade, occupation, profession or business or the Internal Revenue Service makes a determination of non-employment status due to an SS-8 issuing.
The bill also proposes that the Department of Labor shall investigate reports of misclassification and maintain a web-based system of notifying the department of employment of worker misclassification.
Bill HB500 can be viewed online: https://legiscan.com/GA/text/HB500/id/1142829/Georgia-2015-HB500-Introduced.pdf
Autobody News will keep readers posted on any developments with this bill.