Overview. On April 20, 2017, we reported that Arkansas (March 24, 2017), Iowa (March 30, 2017), and South Carolina (April 5, 2017), were three of the latest states to pass laws prohibiting local jurisdictions from passing their own minimum wage and employee benefits laws (this includes laws providing for paid sick leave). On May 8, 2017, Georgia amended its already existing law precluding local minimum wage and sick leave laws, and enacted a law setting standards for employers who choose to offer paid sick time, both of which take effect July 1, 2017. Details can be found below.
Effective Date. July 1, 2017
Details.
Georgia law has prohibited local government from implementing any law in relation to minimum wage or employment benefits in excess of what state or federal law requires since 2005. On May 8, 2017, Georgia Governor Nathan Deal signed HB 243 which amended that existing law to expand the definition of “employment benefits” to include “additional pay based on schedule changes.”
For a copy of HB 243, click here.
Also on May 8, 2017, Georgia’s Governor signed SB 201, a law providing certain entitlements to employees whose employers choose to provide paid time off for sick reasons. Note: this law does not require an employer to provide paid sick time to employees, but only sets certain standards for employers who do choose to provide paid sick time to employees.
Georgia’s paid sick leave law provides, in relevant part:
An employer that provides sick leave shall allow an employee to use such sick leave for the care of an immediate family member; provided, however, that nothing in this Code section shall be construed to require an employer to offer sick leave or to require an employer to allow an employee to use more than five days of earned sick leave per calendar year for the care of an immediate family member.
In order to be covered under the requirements of SB 201, an employee must work for the employer for at least 30 hours per week. Further, the legislation stipulates that an “employer” includes the State of Georgia and its political subdivisions and instrumentalities.
For a copy of SB 201, click here.
As always, please reach out to your Relationship Manager or Service Team, for more information about the topics covered in this Alert.