§ 45-19-46. Overtime Compensation
As used in this Code section, the term: “Overtime hours” means hours worked by a public employee for which payment of time and one-half overtime compensation or time and one-half compensatory time is required pursuant to the Fair Labor Standards Act, 29 U.S.C.A. 207, et seq. “Public employee” or “applicant” means a public employee or […]
§ 45-19-35. Use of Quotas Because of Imbalances in Employee Ratios Prohibited; Grants of Preferential Treatment to Certain Individuals or Groups Not Required by Article; Adoption of Plans Required by Governor to Reduce Imbalance; Effect of Article Upon Certain Employment Practices
Quotas because of imbalances in employee ratios shall not be permitted. Nothing contained in this article requires an employer to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, disability, or age of the individual or group on account of an imbalance which may exist […]
§ 45-19-36. Filing Complaints of Unlawful Practice; Action by Administrator
As used in this Code section, the term “respondent” means an employer charged with an alleged unlawful practice. An individual claiming to be aggrieved by an unlawful practice or another person on behalf of an individual claiming to be aggrieved by an unlawful practice may file with the administrator a written, sworn complaint stating that […]
§ 45-19-37. Appointment of Special Master to Conduct Hearing on Complaint; Procedure
Unless the administrator has issued an order dismissing the complaint or stating the terms of a conciliation agreement within 90 days after a complaint is filed, the administrator shall request that the Governor appoint, from the list provided for by subsection (e) of Code Section 45-19-23, a special master to conduct a hearing in accordance […]
§ 45-19-38. Findings, Conclusions, and Order of Special Master Generally; Order to Cease and Desist From Unlawful Practice and to Take Remedial Action
If the special master determines that the respondent has not engaged in an unlawful practice, the special master shall state the special master’s findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, dismissing […]
§ 45-19-39. Appeal to Superior Court of Final Order of Special Master or Complaint Dismissed by Administrator
Any party to a hearing before a special master or a complainant whose complaint has been dismissed by the administrator may appeal any adverse final order of a special master by filing a petition for review in the superior court in the county in which the alleged unlawful practice occurred or in the superior court […]
§ 45-19-40. Entry of Court Judgment Based Upon Final Order of Administrator or Special Master; Notification of Parties; Effect of Judgment
Any person affected by a final order of the administrator or a special master may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the administrator or of a special master unappealed from or of a final order of a special master […]
§ 45-19-41. Administrator to Have Exclusive Jurisdiction Over Claims Under Article; Final Determination of Claim Bars Further State Actions
The administrator shall have exclusive jurisdiction over any claim of any unlawful practice under this article. A final determination of a claim alleging an unlawful practice under this article shall exclude any other action or proceeding brought by the same person based on the same complaint, except for any remedies which may be available under […]
§ 45-19-42. Procurement of Violation of Article by Person Not Subject Thereto Not a Defense
It shall not be a defense to a violation of this article by any person subject to this article that the violation was requested, sought, or otherwise procured by a person not subject to this article. History. Ga. L. 1978, p. 859, § 22; Ga. L. 1983, p. 1097, § 1.
§ 45-19-43. Access of Administrator or Designee to Premises, Records, and Documents; Persons Required to Make and Keep Employment Records; Application for Relief From Order Due to Hardship; Unlawful to Make Information Public
In connection with an investigation of a complaint of an unlawful practice filed under this article, the administrator or the administrator’s designee shall have access at any reasonable time to premises, records, and documents relevant to the complaint and shall have the right to examine, photograph, and copy evidence. Any person subject to this article […]