As used in this chapter, the term "employing unit" means any individual, the legal representative of a deceased individual, or any type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, employee leasing company, common paymaster, or the receiver, trustee in bankruptcy, trustee,or successor thereof which has or had in its employ one or more individuals performing services for it within this state. Each individual performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this chapter. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this chapter, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of such work.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 are included in the annotations for this Code section.

Warehouse owner as independent contractor or employee.

- Services of a warehouse owner who, for commission based on the hundred weight of freight handled by the owner, picked up, stored and delivered freight for a common carrier, presumptively comes within the statutory definition of employment until the defendant carrier shows conjunctively that the warehouse owner has been and will continue to be free from control or direction over the performance of such services, both under the warehouse owner's contract of service, and (1) that the warehouse owner's service is either outside the usual course of the business for which such service is performed, or that the warehouse owner's service is performed outside of all the places of business of the enterprise for which such service is performed, and (2) that the warehouse owner is customarily engaged in an independently established trade, occupation, profession, or business. Benton Rapid Express v. Redwine, 87 Ga. App. 584, 74 S.E.2d 504 (1953) (decided under former Ga. L. 1937, p. 806).

Employment of relief personnel.

- While relief drivers were hired and paid directly by the owner-drivers, when a lease agreement between the owner-drivers and the defendant in fi. fa., a transport company, contemplated the employment of relief drivers, and the evidence showed without contradiction that the defendant in fi. fa. had actual knowledge of their employment, by the terms of Ga. L. 1937, p. 806 (see now O.C.G.A. § 34-8-34) the relief drivers were brought within the purview of other provisions of Ga. L. 1937, p. 806 (see now O.C.G.A. § 34-8-1 et seq.). Redwine v. Refrigerated Transp. Co., 90 Ga. App. 784, 84 S.E.2d 478 (1954) (decided under former Ga. L. 1937, p. 806).

Cited in Huiet v. Dayan, 69 Ga. App. 81, 24 S.E.2d 728 (1943); Jeffreys-McElrath Mfg. Co. v. Huiet, 196 Ga. 710, 27 S.E.2d 385 (1943); Huiet v. Brown, 70 Ga. App. 638, 29 S.E.2d 326 (1944); Huiet v. Brunswick Pulp & Paper Co., 74 Ga. App. 355, 39 S.E.2d 545 (1946); Darby v. Cook, 201 Ga. 309, 39 S.E.2d 665 (1946); Cartersville Candlewick, Inc. v. Huiet, 204 Ga. 609, 50 S.E.2d 647 (1948); Williams v. Tracy Bldrs., Inc., 94 Ga. App. 203, 94 S.E.2d 139 (1956).

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2018 Georgia Code 34-8-34 | Car Wreck Lawyer

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 8. Employment Security, 34-8-1 through 34-8-280.

ARTICLE 2 DEFINITIONS

34-8-34. Employing unit.

JUDICIAL DECISIONS

Editor's notes.

Warehouse owner as independent contractor or employee.

Employment of relief personnel.

RESEARCH REFERENCES

C.J.S.

ALR.

Cases Citing Georgia Code 34-8-34 From Courtlistener.com

Chrysler Corp. v. Batten