Georgia classifies most gig workers, such as ride-sharing and delivery drivers, as independent contractors rather than employees under state law. House Bill 389, enacted in 2022, explicitly defines these platform workers as contractors if they meet criteria like control over their work, ability to work for multiple companies, and no fixed hours, shielding platforms from employee obligations like minimum wage or benefits.​
Classification Criteria
Workers qualify as independent contractors if they retain autonomy in performing services, use their own tools or vehicles, can subcontract tasks, and are not economically dependent on one platform. Georgia courts apply a multi-factor test similar to the IRS’s common-law rules, emphasizing behavioral control, financial control, and relationship type over ABC tests used in states like California.​
Implications for Workers
Contractors handle their own taxes via 1099 forms (required for earnings over $600 annually), lack unemployment insurance eligibility through the state, and forgo overtime or workers’ compensation unless opted into specific programs. No 2025 changes reclassify gig workers; federal DOL rules may influence but do not override state protections for platforms.​
Compliance Tips
Platforms must provide clear contracts outlining contractor status and avoid exerting employee-like control to prevent misclassification claims. Workers disputing status can file with the Georgia Department of Labor, though success is rare under current statutes.
SOURCES
[1](https://www.tsrsa.org/sed-porttitor-efficitur-orci-eu-felis-in-orci-eget-tempor-massa/)
[2](https://btuai.ge/en/the-gig-economy-in-georgia-how-on-demand-work-is-expanding-and-what-it-means-for-the-labor-market/)
[3](https://www.antal.com/blog/gig-economy-reform-compliance-what-employers-need-to-know-in-2025)
[4](https://www.postercompliance.com/blog/labor-law-compliance-for-gig-workers-what-employers-need-to-know/)
[5](https://www.workcompcentral.com/news/article/id/73119f8a62d2bb293e50df9b30d4e5b5d9d5763c)
