O.C.G.A. § 34-4-6 (2019)
Action to recover difference where employee paid less than minimum wage
If any employer pays any employee a lesser amount than the minimum wage provided in this chapter, the employee, at any time within three years, may bring a civil action in superior court for the recovery of the difference between the amount paid and the minimum wage provided in this chapter, plus an additional amount equal to the original claim, which shall be allowed as liquidated damages, together with costs and such reasonable attorney’s fees as may be allowed by the court. No contract or agreement between any employer and his employees nor any acceptance of a lesser wage by any employee shall bar the action.
History
(Ga. L. 1970, p. 153, § 5.)
Annotations
Cross references. - Time limitation on actions to recover wages, overtime and damages generally, § 9-3-22. JUDICIAL DECISIONS Arbitration. - Under the Supremacy Clause, § 2 of the Federal Arbitration Act, 9 U.S.C.A. § 2, pre-empts O.C.G.A. § 34-4-6 and the employee employed under contract requiring arbitration of any claims or disputes cannot bring action
under the Georgia statute for unpaid wages. Haluska v. RAF Fin. Corp., 875 F. Supp. 825 (N.D. Ga. 1994). Cited in Equitable Life Assurance Soc’y of United States v. Studenic, 77 F.3d 412 (11th Cir. 1996).
RESEARCH REFERENCES Am. Jur. 2d. - 48B Am. Jur. 2d, Labor and Labor Relations, § 3220. C.J.S. - 51B C.J.S., Labor Relations, § 1413 et seq. ALR. - Validity of statutory provision for attorney’s fees, 11 ALR 884; 90 ALR 530. Construction and application of statute providing for attorney’s fees in action to recover for wages, 115 ALR 250. Right of employee of public contractor to maintain action against latter based upon statutory obligation as to rate of wages or upon provisions in that regard in the contract between contractor and the public, 144 ALR 1035. Right to recover under Fair Labor Standards Act minimum wages, compensation for overtime, or liquidated damages for nonpayment thereof as affected by waiver, release, compromise, offer of compromise, tender, or full payment, 167 ALR 218.
Effect of fraud to toll the period for bringing action prescribed in statute creating the right of action, 15 ALR2d 500; 48 ALR4th 1094. Validity, and applicability to causes of action not already barred, of a statute enlarging limitation period, 79 ALR2d 1080. What constitutes ‘‘trial,’’ ‘‘final trial,’’ or ‘‘final hearing’’ under statute authorizing allowance of attorneys’ fees as costs on such proceeding, 100 ALR2d 397. Settlement negotiations as estopping reliance on statute of limitations, 39 ALR3d 127. Validity of statute allowing attorney’s fee to successful claimant but not to defendant, or vice-versa, 73 ALR3d 515. Fraud as extending statutory limitations period for contesting will or its probate, 48 ALR4th 1094.
CHAPTER 5 SEX DISCRIMINATION IN EMPLOYMENT Sec.
Declaration of public policy regarding discriminatory wage practices based on sex. Definitions. Prohibition of discriminatory wage differentials; penalty for discharge of or discrimination against complainant. Powers and authority of Commissioner under chapter.
Cross references. - Equal protection, U.S. Const., amend. 14 and Ga. Const. 1983, Art. I, Sec. I, Para. II. Discrimination in public employment on basis of sex, age, race, § 45-19-20 et seq.
Law reviews. - For annual eleventh circuit survey of employment discrimina-
Sec.
Collection of unpaid wages by aggrieved employee; attorney’s fee; when action may be commenced. Arbitration of disputes between employers and employees; appointment of arbitrators. Posting of law by employers.
tion, see 42 Mercer L. Rev. 1381 (1991). For survey of 1995 Eleventh Circuit cases on employment discrimination, see 47 Mercer L. Rev. 797 (1996). For comment, ‘‘Blurred Lines: Sexual Orientation and Gender Nonconformity in Title VII,’’ see 64 Emory L. J. 911 (2015).
RESEARCH REFERENCES Am. Jur. Proof of Facts. - Sex Discrimination in Employment - Promotion Practices, 12 POF2d 645. Sex Discrimination - Sexual Harassment Creating a Hostile Work Environment, 50 POF2d 127. Damages for Sexual Assault, 15 POF3d 259. Employment Handicap Discrimination Based on Gender Dysphoria (Transsexualism), 25 POF3d 415. Sex Discrimination in Employment Promotion Decisions, 46 POF3d 1. Employer’s Liability for Same-Sex Harassment, 61 POF3d 1. Am. Jur. Trials. - Sexual Harassment in Employment, 33 Am. Jur. Trials 257. Sex Discrimination Based Upon Sexual Stereotyping, 53 Am. Jur. Trials 299. Workplace Sexual Harassment: Quid Pro Quo, 62 Am. Jur. Trials 235. Taking the Deposition of the Sexual Harassment Plaintiff, 65 Am. Jur. Trials 65. Sexual Harassment Damages and Remedies, 73 Am. Jur. Trials 1.
C.J.S. - 30 C.J.S. Employers’ Liability for Injuries to Employees, § 237. ALR. - Validity, construction, and application of statute designed to prevent discrimination between male and female employees as regards wages or other conditions of work, 130 ALR 436; 7 ALR Fed. 707. Validity, construction, and effect of statutory or contractual provision in government construction contract referring to Secretary of Labor questions respecting wage rates or classification of employees of contractor, 163 ALR 1300. On-the-job sexual harassment as violation of state civil rights law, 18 ALR4th 328. Discipline or discharge for sexual conduct as violative of state fair employment laws, 47 ALR4th 863. Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress, 52 ALR4th 853. Construction and Application of Provisions of Equal Pay Act of 1963 (29 USCS
§ 206(d)) Prohibiting Wage Discrimination on Basis of Sex, 7 ALR Fed. 707. Employee’s protection under § 15(a)(3) of Fair Labor Standards Act (29 USC § 215(a)(3)), 101 ALR Fed. 220.
When is supervisor’s hostile environment sexual harassment under Title VII of Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.) imputable to employer, 157 ALR Fed. 1.