O.C.G.A.

O.C.G.A. § 34-8-32 (2019)

Employee leasing company

✓ 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) As used in this chapter, the term ‘‘employee leasing company’’ means an independently established business entity which engages in the business of providing leased employees to any other employing unit under the following conditions: (1) Negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality, and price of service; (2) Determines assignments of individuals to its clients or customers, even if the individuals retain the right to refuse specific assignments; (3) Sets the rate of pay of the individuals, whether or not through negotiation; (4) Pays the individuals from its accounts; and (5) Hires and terminates individuals who perform services for the clients or customers. (b) Individuals performing services for an employee leasing company shall be considered employees of the employee leasing company. The employee leasing company shall file required reports in accordance with regulations prescribed by the Commissioner and pay contributions on wages paid to such employees. (c) Individuals who perform services for temporary help contracting firms as that term is defined in Code Section 34-8-46 shall not be considered employees of an employee leasing company.

History

(Code 1981, § 34-8-32, enacted by Ga. L. 1991, p. 139, § 1.)

Annotations

Administrative rules and regulations. - Employee leasing companies, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia

Department of Labor, Employment Security Law, Requirements for Employees and Employers, § 300-2-7.07.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2000–2025 · leading case: Am. Employers Grp., Inc. v. Dep't of Labor, 617 N.W.2d 808 (Neb. 2000).

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Am. Employers Grp., Inc. v. Dep't of Labor, 617 N.W.2d 808 (Neb. 2000). “2000) (defining “employee leasing” as “arrangement whereby a leasing company assigns its employees to a client”); Ga. Code Ann. § 34-8-32 (a) (1998) (defining “employee leasing company” as “independently established business entity which engages in the business of providing…”

Halo Human Resources, LLC v. Am. Dental of LaGrange LLC (Bankr. M.D. Ga. 2025). · cites it 2× “It works as an employee leasing company as defined in O.C.G.A. §34-8-32 as a co-employer of a client’s employees to facilitate and assist the client’s administrative bookkeeping and payroll practices.”

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.