O.C.G.A. § 34-5-5 (2019)
Collection of unpaid wages by aggrieved employee; attorney’s fee; when action may be commenced
(a) Any employer who violates Code Section 34-5-3 shall be liable to the employee affected in the amount of his unpaid wages. An action to recover such liability may be maintained in any court of competent jurisdiction by the aggrieved employee. The court in such action shall, in cases of violation, in addition to any judgment awarded to plaintiff, allow costs of the action and a reasonable attorney’s fee not to exceed 25 percent of the judgment to be paid by the defendant.
(b) Court action under this Code section may be commenced no later than one year after the cause of action accrues.
History
(Ga. L. 1966, p. 582, §§ 4, 5.)
Annotations
Cross references. - Time limitation on actions to recover wages, overtime, or other benefits generally, § 9-3-22. RESEARCH REFERENCES Am. Jur. 2d. - 51 Am. Jur. 2d, Limitation of Actions, §§ 33 et seq., 41 et seq. C.J.S. - 14A C.J.S., Civil Rights, §§ 335 et seq., 749 et seq., 756 et seq. 51B C.J.S., Labor Relations, § 1232. 54 C.J.S., Limitations of Actions, §§ 119, 120. ALR. - Validity of statutory provision for attorney’s fees, 90 ALR 530.
Effect of fraud to toll the period for bringing action prescribed in statute creating the right of action, 15 ALR2d 500; 48 ALR4th 1094. 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. Recovery of damages as remedy for wrongful discrimination under state or local civil rights provisions, 85 ALR3d 351. Requiring apology as ‘‘affirmative action’’ or other form of redress under State Civil Rights Act, 85 ALR3d 402. Fraud as extending statutory limitations period for contesting will or its probate, 48 ALR4th 1094. Award of front pay under state job discrimination statutes, 74 ALR4th 746. Availability and scope of punitive dam-
ages under state employment discrimination law, 81 ALR5th 367. Right of prevailing defendant to recover attorney’s fees under § 706(k) of Civil Rights Act of 1964 (42 U.S.C.S. § 2000e-5 (k)), 134 ALR Fed. 161. Factors or conditions in employment discrimination cases said to justify increase in attorney’s fees awarded under § 706(k) of Civil Rights Act of 1964 (42 U.S.C.S. § 2000e-5(k)), 140 ALR Fed. 301; 151 ALR Fed. 77. Punitive damages in actions for violations of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 1981a; 42 U.S.C.A. §§ 2000e et seq.), 150 ALR Fed. 601. Award of compensatory damages under 42 U.S.C.A. § 1981a for violation of Title VII of Civil Rights Act of 1964, 154 ALR Fed. 347.