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O.C.G.A. § 34-2-13 — Penalties for violations of chapter and for false statements under oath | Georgia Code
O.C.G.A. § 34-2-13 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 2. Department of Labor, 34-2-1 through 34-2-14.

34-2-13. Penalties for violations of chapter and for false statements under oath.

  1. Any employer or owner who violates or fails or refuses to comply with any provision of this chapter within the time prescribed or any judgment or decree made by any court in connection with the provisions of this chapter for which no penalty has been otherwise provided shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each such offense by a fine of not less than $20.00 nor more than $200.00, by imprisonment not to exceed six months, or by both such fine and imprisonment.
  2. Any person who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Commissioner of Labor or his authorized representatives commits the offense of perjury.

(Ga. L. 1937, p. 230, § 18; Ga. L. 1975, p. 198, § 3.)

Cross references.

- Offense of perjury generally, § 16-10-70.

JUDICIAL DECISIONS

Ga. L. 1937, p. 230, § 18 (see now O.C.G.A. § 34-2-13) is a penal section and must be strictly construed. Plummer v. State, 90 Ga. App. 773, 84 S.E.2d 202 (1954).

Employer's false statements do not support at-will employee's wrongful discharge claim.

- Although a discharged at-will city employee's claims that the employer falsified the separation notice and conspired to deceive the Department of Labor for purposes of denying the employee unemployment compensation benefits could possibly have implicated the criminal provisions of O.C.G.A. §§ 34-2-13(b) and34-8-256(b), there was nothing in those statutes that authorized a wrongful discharge claim on that basis. Reid v. City of Albany, 276 Ga. App. 171, 622 S.E.2d 875 (2005).

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 34 in the context of Georgia workers' compensation and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.