O.C.G.A.
O.C.G.A.

O.C.G.A. § 34-8-1 (2019)

Short title

✓ 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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This chapter shall be known and may be cited as the ‘‘Employment Security Law.’’

History

(Code 1981, § 34-8-1, enacted by Ga. L. 1991, p. 139, § 1.)

Annotations

Editor’s notes. - Ga. L. 1941, p. 229, §§ 1 through 3 ratified, approved, and confirmed an executive order and proclamation issued by the Governor on April 5, 1940, suspending the collection of unemployment compensation taxes upon certain items and from certain employers

exempted by amendments to the Social Security Act approved in August, 1939. Law reviews. - For survey article on local government law, see 34 Mercer L. Rev. 225 (1982). For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 and former Code Section 34-8-1, which was repealed by Ga. L. 1991, p. 139, § 1, effective January 1, 1992, are included in the annotations for this Code section. Scope of chapter. - In determining whether an individual comes within the scope of Ga. L. 1937, p. 806 (see now O.C.G.A. Ch. 8, T. 34) it is first necessary to establish that the individual in question performs services for wages. Williamson v. Modern Homes Constr. Co., 114 Ga. App. 340, 151 S.E.2d 488 (1966) (decided under Ga. L. 1937, p. 806).

Construction and application. - Courts, as well as the administrator of the unemployment law, in construing and applying the provisions of such law must liberally construe and apply such law in light of the public policy of this state. Dalton Brick & Tile Co. v. Huiet, 102 Ga. App. 221, 115 S.E.2d 748 (1960) (decided under Ga. L. 1937, p. 806). Courts shall be guided by the fact that the unemployment compensation law is intended to provide some income for persons who are, without fault of their own, temporarily out of employment. Dalton Brick & Tile Co. v. Huiet, 102 Ga. App. 221, 115 S.E.2d 748 (1960) (decided under

Ga. L. 1937, p. 806). Substitute teacher’s employment was intermittent by nature and not the type of employment that Georgia’s Employment Security Law was designed to encourage; consequently, the teacher was not unemployed as defined by statute as a matter of law at the time that the teacher filed a claim for unemployment benefits, and the teacher’s claim for benefits was properly denied. Campbell v. Poythress, 216 Ga. App. 834, 456 S.E.2d 110 (1995). Rulemaking. - Under the Administrative Procedure Act the adoption of ‘‘[r]ules relating to . . . benefits by the state or of an agency’’ is expressly exempted by O.C.G.A. § 50-13-2(6)(I) from

the strict rulemaking procedural requirements of O.C.G.A. § 50-13-4. This includes the promulgation of policies determining eligibility for entitlement and rules for granting unemployment benefits. Caldwell v. Amoco Fabrics Co., 165 Ga. App. 674, 302 S.E.2d 596 (1983) (decided under former § 34-8-1). Cited in Huiet v. Dayan, 194 Ga. 250, 21 S.E.2d 423 (1942); Johnson v. Huiet, 67 Ga. App. 638, 21 S.E.2d 437 (1942); Lee v. State, 73 Ga. App. 821, 38 S.E.2d 128 (1946); Banks v. Huiet, 111 Ga. App. 607, 142 S.E.2d 421 (1965); Caldwell v. Atlanta Bd. of Educ., 152 Ga. App. 291, 262 S.E.2d 573 (1979).

RESEARCH REFERENCES ALR. - What constitutes appropriate relief for retaliatory discharge under § 11(c) of Occupational Safety and Health

Act (OSHA) (29 U.S.C.S. § 660(c)), 134 ALR Fed 629.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1994–2022 · leading case: Hudson v. Butler Et Al., 786 S.E.2d 879 (Ga. Ct. App. 2016).
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Hudson v. Butler Et Al., 786 S.E.2d 879 (Ga. Ct. App. 2016). · cites it 2× “Moreover, in light of the expressed purpose of the Employment Security Law, OCGA § 34-8-1 et seq., courts should liberally construe the provisions of the unemployment statutes in favor of the employee, and statutory exceptions and exemptions that are contrary to the expressed…”
Gill v. Prehistoric Ponds, Inc., 634 S.E.2d 769 (Ga. Ct. App. 2006). · cites it 2× “OCGA § 34-8-1. OCGA § 34-8-35 (m) (1). (Emphasis supplied.”
Powell v. Dougherty Christian Academy, Inc., 451 S.E.2d 465 (Ga. Ct. App. 1994). · cites it 2× “The Employment Security Law (OCGA § 34-8-1 et seq.) was enacted to “lighten [unemployment’s] burden which so often falls with crushing force upon the unemployed worker .”
Barnett v. Georgia Dep't of Labor, 748 S.E.2d 688 (Ga. Ct. App. 2013). · cites it 2× “(“the employer”), Danny Barnett applied for unemployment compensation benefits under Georgia’s Employment Security Law, OCGA § 34-8-1 et seq. The employer challenged Barnett’s application for unemployment benefits, contending that he was fired for violating orders, rules, or…”
Jenny Butler v. Mark Butler, Comm'r of the Georgia Dep't of Labor (Ga. Ct. App. 2022). · cites it 2× ““[I]n light of the expressed purpose of the Employment Security Law, OCGA § 34-8-1 et seq., courts should liberally construe the provisions of the unemployment statutes in favor of the employee, and statutory exceptions and exemptions that are contrary to the expressed intention…”
Danny S. Barnett v. Georgia Dep't of Labor (Ga. Ct. App. 2013). · cites it 2× “(“the employer”), Danny Barnett applied for unemployment compensation benefits under Georgia’s Employment Security Law, OCGA § 34-8-1 et seq. The employer challenged Barnett’s application for unemployment benefits, contending that he was fired for violating orders, rules, or…”
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