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2018 Georgia Code 34-5-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-5-5 Case Law from Google Scholar Amendments to OCGA 34-5-5

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 5. Sex Discrimination in Employment, 34-5-1 through 34-5-7.

34-5-5. Collection of unpaid wages by aggrieved employee; attorney's fee; when action may be commenced.

  1. 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.
  2. Court action under this Code section may be commenced no later than one year after the cause of action accrues.

(Ga. L. 1966, p. 582, §§ 4, 5.)

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 A.L.R. 530.

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.

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.

Recovery of damages as remedy for wrongful discrimination under state or local civil rights provisions, 85 A.L.R.3d 351.

Requiring apology as "affirmative action" or other form of redress under State Civil Rights Act, 85 A.L.R.3d 402.

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

Award of front pay under state job discrimination statutes, 74 A.L.R.4th 746.

Availability and scope of punitive damages under state employment discrimination law, 81 A.L.R.5th 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 A.L.R. 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 A.L.R. Fed. 301; 151 A.L.R. 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 A.L.R. 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 A.L.R. Fed. 347.

Cases Citing Georgia Code 34-5-5 From Courtlistener.com

Total Results: 1

Reilly v. Alcan Aluminum Corp.

Court: Supreme Court of Georgia | Date Filed: 2000-03-27

Citation: 528 S.E.2d 238, 272 Ga. 279, 2000 Fulton County D. Rep. 1130, 16 I.E.R. Cas. (BNA) 211, 2000 Ga. LEXIS 290, 82 Fair Empl. Prac. Cas. (BNA) 483

Snippet: proceeding pursuant to a subpoena); OCGA §§ 34-5-3 and 34-5-5 (§ 34-5-3 specifies a criminal penalty for wage