12 LC 35
2688
Senate
Bill 536
By:
Senators Seay of the 34th and Carter of the 42nd
A
BILL TO BE ENTITLED
AN ACT
To
enact the "Georgia Back to Work Program Act"; to amend Chapter 8 of Title 34 of
the Official Code of Georgia Annotated, relating to employment security, so as
to provide for a program to allow eligible participants who are receiving
unemployment insurance benefits to receive workplace training; to provide for
the implementation and administration of the Georgia Back to Work Program by the
Georgia Department of Labor; to designate certain persons and employers as
eligible to participate in such program; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Georgia Back to Work Program
Act."
SECTION
2.
Chapter
8 of Title 34 of the Official Code of Georgia Annotated, relating to employment
security, is amended by adding a new article to read as follows:
"ARTICLE
11
34-8-300.
As
used in this article:
(1)
'Department' means the Georgia Department of Labor.
(2)
'Eligible employer' means an employer who:
(A)
Intends to immediately hire for a position in its company;
(B)
Is deemed compatible with the program as evidenced by its ability to provide
training that meets standards set by the department; and
(C)
Is located in the State of Georgia.
(3)
'Eligible participant' means an individual who:
(A)
Is currently unemployed and receiving unemployment insurance benefits pursuant
to this chapter, including any state or federal extension of those
benefits;
(B)
Has at least six weeks of state unemployment insurance benefits remaining under
current qualification or has at least six weeks of state or federal extensions
of unemployment insurance benefits remaining under current qualification;
and
(C)
Currently resides in the State of Georgia.
(4)
'Program' means the Georgia Back to Work Program created pursuant to this
article.
34-8-301.
(a)
There is created within the Department of Labor the Georgia Back to Work Program
to provide workplace training to eligible participants. The program shall be
implemented and administered by the department. The department shall be
authorized to adopt rules and regulations for the implementation and
administration of the program. The department shall establish the program to
allow eligible participants to receive workplace training from an eligible
employer.
(b)
The program shall require that:
(1)
An eligible participant may receive workplace training from an eligible employer
for a maximum of 24 hours per week for up to six weeks;
(2)
An eligible participant, based upon his or her needs, may receive up to $100.00
per week to help defray training related costs, including, but not limited to,
transportation, clothing, and child care; and
(3)
Participation in the program shall be voluntary for all eligible participants
and eligible employers, and nonparticipation in the program shall not disqualify
eligible participants for unemployment insurance benefits for failure, without
good cause, either to apply for available, suitable work or to accept suitable
work when it is offered.
(c)
In implementing the program, the department shall treat every eligible
participant as a bona fide trainee, as required by the Fair Labor Standards Act
of 1938, 29 U.S.C. Section 201, et seq., as amended, and certify that the
following conditions are met to ensure that an eligible participant is engaged
in training:
(1)
The training, even though it includes actual operation of the facilities of the
employer, is similar to what would be given in a vocational school or academic
educational instruction;
(2)
The training is for the benefit of the trainee;
(3)
The trainee does not displace regular employees and works under their close
observation;
(4)
The eligible employer providing the training derives no immediate advantage from
the activities of the trainee, and on occasion the employer's operations may
actually be impeded;
(5)
The trainee is not entitled to a job at the conclusion of the training period;
and
(6)
The employer and the trainee understand that the trainee is not entitled to
wages for the time spent in training.
(d)
The program shall be consistent with, and eligible participants shall be
afforded the protections provided by, all applicable state and federal
antidiscrimination laws, rules, and regulations.
34-8-302.
The
department shall monitor eligible participants and eligible employers who
participate in the program to ascertain whether the training provided by the
program complies with the requirements of this article and the rules and
regulations of the department. The monitoring shall include site visits at
participating workplaces and the compilation of data regarding the numbers and
percentages of trainees hired into employment with participating employers or
other employers and the industries in which the training and hiring occur. The
department's findings shall be made available to the public in biennial reports
beginning December 31, 2014. If the department determines that an employer has
a repeated pattern of using eligible participants as unpaid labor without hiring
them as employees, or otherwise fails to comply with the requirements of this
article or the rules and regulations of the department, the department may
impose any penalties applicable to the employer for false representation as
provided for in this article and shall disqualify the employer from further
participation in the program.
34-8-303.
An
eligible participant who receives workplace training pursuant to the program
shall not be considered an employee of the eligible employer providing the
training for any purpose, except that he or she shall be treated as if the
eligible participant is a part-time employee of the state. When determining the
amount of any compensation provided, the amount of compensation shall be
calculated as if the eligible participant's weekly wage was 60 percent of the
state-wide average weekly wages earned by all employees eligible for
unemployment compensation pursuant to this chapter.
34-8-304.
(a)
A program participant may be excluded from reporting requirements, including
requirements to report at an employment service office or unemployment insurance
claims office, in the same manner as other benefit recipients. The department
is authorized by regulation to waive or alter such reporting as to individuals
attached to regular jobs and as to such other types of cases or situations with
respect to which the department finds that compliance with such requirements
would be oppressive or would be inconsistent with the purpose of this
article.
(b)
A program participant may be excluded from other requirements, permanently or
temporarily, including requirements involving the need to demonstrate the
individual is actively seeking work, except as otherwise provided in this
subsection. A participant in the program shall not be deemed unavailable or
ineligible for work because the individual is attending a training program
approved for the individual by the department to enhance the individual's
employment opportunities or because the individual failed or refused to accept
work while attending such program.
34-8-305.
The
provisions of this article shall be subject to appropriation by the General
Assembly. Such amount appropriated shall include funds for costs associated
with the administration of the program, subject to the approval of the
commissioner."
SECTION
2.
This
Act shall become effective on January 1, 2013.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.