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O.C.G.A. § 34-7-3 — Requirements where wages paid by written instrument; effect of protest or dishonor | Georgia Code
O.C.G.A. § 34-7-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 7. Employment Generally; Employer's Liability, 34-7-1 through 34-7-48.

ARTICLE 1 GENERAL PROVISIONS

34-7-3. Requirements where wages paid by written instrument; effect of protest or dishonor.

  1. Any order, check, draft, note, or other instrument issued in payment of wages or salary due or to become due must be negotiable and payable in cash, on demand, without discount, at some established place of business in the United States, the name and address of which must appear on the instrument. At the time of issuance of such instrument and for a reasonable time thereafter (which must be at least 30 days), the maker or drawer must have sufficient funds or credit or an arrangement or understanding with the drawee as to its payment.
  2. Where an instrument described in this Code section is protested or dishonored, the notice or memorandum of protest or dishonor is admissible as proof of presentation, nonpayment, and protest and is presumptive evidence of knowledge of insufficiency of funds or credit with the drawee.

(Code 1933, § 66-102.1, enacted by Ga. L. 1973, p. 672, § 2.)

Cross references.

- Negotiable instruments generally, Art. 3, T. 11.

JUDICIAL DECISIONS

Liability for violations of wage payment provisions.

- Consultant employed by a labor pool was not an "employer" under Georgia law and, therefore, was not subject to liability for violations of O.C.G.A. §§ 34-7-2 and34-7-3. Sakas v. Settle Down Enters., Inc., 90 F. Supp. 2d 1267 (N.D. Ga. 2000).

RESEARCH REFERENCES

ALR.

- 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 A.L.R. 1300.

Validity, construction, and effect of state laws requiring payment of wages on resignation of employee immediately or within specified period, 11 A.L.R.5th 715.

Validity, construction, and effect of state laws requiring payment of wages on discharge of employee immediately or within specified period, 18 A.L.R.5th 577.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., 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.