History. Code 1981, § 34-4-3.1 , enacted by Ga. L. 2004, p. 377, § 2; Ga. L. 2005, p. 450, § 1/HB 59; Ga. L. 2017, p. 570, § 1/HB 243; Ga. L. 2022, p. 569, § 2/SB 331.
The 2017 amendment, effective July 1, 2017, inserted “additional pay based on schedule changes;” near the end of the second sentence of paragraph (a)(3).
The 2022 amendment, effective May 5, 2022, added subsection (d).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2004, “benefits;” was substituted for “benefits,” five times and “necessity;” was substituted for “necessity,” in paragraph (a)(3).
Editor’s notes.
Ga. L. 2004, p. 377, § 1, not codified by the General Assembly, provides that: “The General Assembly finds and declares that:
“(1) Economic stability and growth are among the most important factors affecting the general welfare of the people of this state, and that economic stability and growth are therefore among the most important matters for which the General Assembly is responsible;
“(2) Mandated wage rates and employment benefits comprise a major cost component for private enterprises and are among the chief factors affecting the economic stability and growth of this state;
“(3) Local variations in mandated wage rates and employment benefits threaten many businesses with a loss of employees to areas which require higher mandated wage rates and employment benefits, threaten many other businesses with the loss of patrons to areas which allow lower mandated wage rates and employment benefits, and are therefore detrimental to the business environment of the state and to the citizens, businesses, and governments of the various political subdivisions as well as local labor markets;
“(4) In order for businesses to remain competitive and yet attract and retain the highest possible caliber of employees, private enterprises in this state must be allowed to function in a uniform environment with respect to mandated wage rates and employment benefits; and
“(5) Legislated wage and employment benefit disparity between local government entities of this state creates an anticompetitive marketplace that fosters job and business relocation.”
Ga. L. 2022, p. 569, § 1/SB 331, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Protecting Georgia Businesses and Workers Act.’”
Law reviews.
For annual survey of labor and employment law, see 56 Mercer L. Rev. 291 (2004).
For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 177 (2005).
For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005).
Structure Georgia Code
Title 34 - Labor and Industrial Relations
§ 34-4-2. Administration and Enforcement of Chapter by Commissioner of Labor
§ 34-4-3. Amount of Minimum Wage to Be Paid by Employers; Employers and Employees Covered by Chapter
§ 34-4-3.1. Wages, Employment Benefits, and Scheduling by Local Government Entities
§ 34-4-4. Authority of Commissioner to Grant Exemptions From Operation of Chapter
§ 34-4-5. Employer’s Records of Hours Worked by and Wages Paid to Employees
§ 34-4-6. Action to Recover Difference Where Employee Paid Less Than Minimum Wage