O.C.G.A.

O.C.G.A. § 34-10-2 (2019)

Prohibited acts or practices

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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A labor pool or work-site employer shall be prohibited from engaging in any of the following acts or practices:

(1) Charging a temporary employee a rental fee or any other type of fee for supplying any type of equipment to be used by the temporary employee in performing a work assignment;

(2) Charging a temporary employee a transportation fee for the transporting of such employee from the business premises of the labor pool or other point of embarkation to or from a work assignment;

(3) Failing to inform a person who is to be placed on a work assignment involving exposure to hazardous chemicals that such assignment involves the exposure of such person to hazardous chemicals and failing to obtain such person’s consent on the form described in Code Section 34-10-3;

(4) Failing to provide a pay stub or register to the temporary employee to indicate the number of hours worked, the rate of pay, and any deduction therefrom; or

(5) Paying a temporary employee in any medium other than cash or check; provided, however, that any check must be redeemable at full value.

History

(Code 1981, § 34-10-2, enacted by Ga. L. 1992, p. 1936, § 1; Ga. L. 1994, p. 1152, § 2.)

Annotations

Editor’s notes. - Ga. L. 1994, p. 1152, § 7, not codified by the General Assembly, provides that the Act shall be repealed in its entirety July 1, 1997, if funds have not been specifically appropriated for purposes of the Act on or before such date. Ga. L. 1997, p. 888, § 3, not codified by the General Assembly, amends Ga. L.

1994, p. 1152, § 7 to provide that Ga. L. 1994, p. 1152 shall be repealed in its entirety July 1, 2000, if funds have not been specifically appropriated for purposes of that Act on or before such date. Ga. L. 1994, p. 1152 was funded at the 2000 regular session.

JUDICIAL DECISIONS Liability for violations of O.C.G.A. § 34-10-2 is not limited only to ‘‘labor pools’’; plaintiffs may recover from a consultant hired by a labor pool if the jury

finds that the plaintiff was a ‘‘person responsible’’ for a violation. Sakas v. Settle Down Enters., Inc., 90 F. Supp. 2d 1267 (N.D. Ga. 2000).

RESEARCH REFERENCES ALR. - Authority of state, municipality, or other governmental entity to accept

late bids for public works contracts, 49 ALR5th 747.

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Preston v. Settle Down Enter., Inc., 90 F. Supp. 2d 1267 (N.D. Ga. 2000).
Preston v. Settle Down Enter., Inc., 90 F. Supp. 2d 1267 (N.D. Ga. 2000). · cites it 5× “§ 34-10-5 for the violation of § 34-10-2 which prohibits charging temporary workers a fee for using equipment, and pursuant to O.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.