but only if the operating crew of such boat or, in the case of a fishing operation involving more than one boat, the operating crew of each boat from which the individual receives a share is normally made up of fewer than ten individuals;
(15.1) (A) Services performed by a music industry professional provided that:
Provided, however, that the exclusion provided in this paragraph shall not apply to any such employment on behalf of an employing unit defined in subsection (h) or (i) of this Code section;
(16.1) (A) Services performed by or facilitated through a network company, provided that the network company has a written contract with the individual, with which said network company is in compliance, that expressly provides that the network company shall not:
(B) As used in this paragraph, the term “music industry professional” means an individual engaged to render any creative, production, marketing, or distribution services related to a sound recording or musical composition. Such term shall include, but shall not be limited to, the following individuals when so engaged: a recording artist, songwriter, lyricist, composer, composition proofer, recording producer, recording director, musical engineer, musical mixer, musician, or vocalist; a music publicist; a radio promoter; or a photographer who works on recording photo shoots, album covers, or other press or publicity purposes;
(B) As used in this paragraph, the term:
(i) “Ride share network service” shall have the same meaning as provided in Code Section 40-1-190.
(ii) “Network company” means a ride share network service or a business entity that maintains an online enabled application or platform used to facilitate delivery services in this state;
History. Code 1981, § 34-8-35 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1993, p. 323, § 1; Ga. L. 1994, p. 97, § 34; Ga. L. 1994, p. 640, § 1; Ga. L. 1994, p. 1717, § 1; Ga. L. 2005, p. 1200, § 1/HB 520; Ga. L. 2006, p. 822, § 1/SB 486; Ga. L. 2007, p. 394, § 1/HB 443; Ga. L. 2012, p. 580, § 6/HB 865; Ga. L. 2022, p. 499, § 1/HB 389.
The 2022 amendment, effective July 1, 2022, substituted “Except as otherwise provided in this Code section, services” for “Services” at the beginning of the introductory language of subsection (f); in subparagraph (f)(1)(A), substituted “been, and will continue to be,” for “been and will continue to be” and “in fact, as demonstrated by whether the individual:” for “in fact; and”, and added divisions (f)(1)(A)(i) through (f)(1)(A)(vii); added paragraphs (n)(15.1) and (n)(16.1); and added subsections (o) and (p).
Code Commission notes.
Pursuant to § 28-9-5 , in 1991, “this subsection” was substituted for “subsection (n) of this Code section” at the end of paragraph (n)(15).
Pursuant to Code Section 28-9-5, in 2022, a semicolon was substituted for a comma following “promoter” in the last sentence of subparagraph (n)(15.1)(B).
U.S. Code.
Section 3306(c)(7) of the Federal Unemployment Tax Act, referred to in subsection (h), is codified at 26 U.S.C. § 3306(c) (7). Section 15(g) of the federal Agricultural Marketing Act of 1946, referred to in subparagraph (m)(2)(C), is codified at 12 U.S.C. § 1141 j(g). The federal Farm Labor Contractor Registration Act of 1963, referred to in subparagraph (m)(4)(A), was codified at 7 U.S.C. §§ 2041-2055, before it was repealed in 1983. The federal Railroad Unemployment Insurance Act, referred to in paragraph (n)(5), is codified at 45 U.S.C. §§ 351-369.
Law reviews.
For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 152 (1993).
For annual survey of labor and employment law, see 58 Mercer L. Rev. 211 (2006).
For survey article on labor and employment law, see 59 Mercer L. Rev. 233 (2007).
For annual survey on workers’ compensation, see 59 Mercer L. Rev. 463 (2007).
For article, “The Uber Million Dollar Question: Are Uber Drivers Employees or Independent Contractors?,” see 68 Mercer L. Rev. 461 (2017).
Structure Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
§ 34-8-20. Annual Payroll; Average Annual Payroll
§ 34-8-21. Base Period; Alternative Base Period
§ 34-8-24. Bona Fide in the Labor Market
§ 34-8-29. Contributions; Payments in Lieu of Contributions
§ 34-8-30. Deductible Earnings
§ 34-8-32. Employee Leasing Company
§ 34-8-37. Employment Security Administration Fund
§ 34-8-38. Experience Rating Account
§ 34-8-43. Most Recent Employer
§ 34-8-45. Supplemental Unemployment Benefits
§ 34-8-46. Temporary Help Contracting Firm
§ 34-8-47. Unemployed; Unemployment