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2018 Georgia Code 34-4-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-4-6 Case Law from Google Scholar Amendments to OCGA 34-4-6

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 4. Minimum Wage Law, 34-4-1 through 34-4-6.

34-4-6. 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.

(Ga. L. 1970, p. 153, § 5.)

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 A.L.R. 884; 90 A.L.R. 530.

Construction and application of statute providing for attorney's fees in action to recover for wages, 115 A.L.R. 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 A.L.R. 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 A.L.R. 218.

Effect of fraud to toll the period for bringing action prescribed in statute creating the right of action, 15 A.L.R.2d 500; 48 A.L.R.4th 1094.

Validity, and applicability to causes of action not already barred, of a statute enlarging limitation period, 79 A.L.R.2d 1080.

What constitutes "trial," "final trial," or "final hearing" under statute authorizing allowance of attorneys' fees as costs on such proceeding, 100 A.L.R.2d 397.

Settlement negotiations as estopping reliance on statute of limitations, 39 A.L.R.3d 127.

Validity of statute allowing attorney's fee to successful claimant but not to defendant, or vice-versa, 73 A.L.R.3d 515.

Fraud as extending statutory limitations period for contesting will or its probate, 48 A.L.R.4th 1094.

Cases Citing O.C.G.A. § 34-4-6

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Anderson v. S. Home Care Servs.., Inc., 298 Ga. 175 (Ga. 2015).

Published | Supreme Court of Georgia | Nov 23, 2015 | 780 S.E.2d 339

...et al. NAHMIAS, Justice. In 2013, former employees of two in-home personal care companies sued their former employers, asserting that they had not been paid the minimum wage to which they are entitled under the Georgia Minimum Wage Law (GMWL), OCGA §§ 34-4-1 to 34-4-6....
...The amended complaint seeks, among other things, recovery of unpaid minimum wages for any class member who worked for the Employers from November 21, 2004 onward, because, under an alleged tolling agreement, these employees have timely GMWL claims. See OCGA § 34-4-6 (requiring claims under the GMWL to be brought within three years of the GMWL violation)....
...respond that they were not “domestic employees” as that term is used in the statute, because they were employed by third-party agencies and did not work him,” OCGA § 34-4-5, but this provision does not provide employees a cause of action if employers fail to comply. See OCGA § 34-4-6 (providing only an action for recovery when an “employer pays any employee a lesser amount than the minimum wage”). 10 For a specific example, take teachers....