Kasey Carpenter

DALTON — A bill sponsored by District 4 state Rep. Kasey Carpenter, R-Dalton, was favorably reported by a House committee on Feb. 16.

House Bill 1125, introduced during the Georgia General Assembly session on Feb. 1, would phase out the payment of sub-minimum wages to workers with disabilities.

As currently written, Georgia Code 34-4-4 does allow the state commissioner of labor the ability to grant exemptions for “certain categories of organizations and businesses” to pay “certain classes of persons” wages below the minimum rate “because of overriding considerations of public policy to allow employment of certain persons with disabilities and others who cannot otherwise compete effectively in the labor market.”

The code section also authorizes the state commissioner of labor to “conduct investigations and compile information as to the reasons for granting exemptions” and requires the commissioner to maintain public records of such exemptions and investigations pertaining to sub-minimum wage payment.

The text of HB 1125 would eliminate that code section and replace it with language indicating that “no employer shall utilize a certificate issued by the United States Department of Labor … to pay individuals with disabilities who are employed by such employer less than the minimum wage required to be paid by employers to employees under federal law.”

The bill, however, notes that any employer who received a U.S. Department of Labor certificate on or before July 1, 2024, would be able to pay employees with disabilities less than the minimum wage — albeit, with a major caveat.

“During the period of July 1, 2025, through June 30, 2026, such employer shall pay individuals with disabilities at least half of the minimum wage required to be paid by employers to employees under federal law,” the bill text reads. “On and after July 1, 2026, such employer shall no longer utilize such certificate to pay individuals with disabilities less than the minimum wage required to be paid by employers to employees under federal law.”

If ultimately signed into law, the provisions of the bill would take effect on July 1, 2024.

Also sponsoring HB 1125 are District 43 state Rep. Sharon Cooper, District 117 state Rep. Lauren Daniel, District 48 state Rep. Scott Hilton and District 18 state Rep. Tyler Smith.

All of the lawmakers sponsoring the bill are Republicans.