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Friday, 08 May 2015 00:00

Employment Security Bill in GA Will be Revisited by State House of Representatives

In Georgia, an employment security bill introduced to the state House of Representatives earlier this year is not scheduled to be heard again this legislative session.

Bill HB500 addresses independent contractor compliance and misclassification. Introduced in February, the bill passed out of the House of Representatives Industry and Labor Committee on March 9 and was then withdrawn on April 2 and re-committed to the same committee. It will be revisited next legislative session in January 2016.

The bill proposes that services performed by an individual for wages shall be deemed to be employment unless:

  1. 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
  2. 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.

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