O.C.G.A.
O.C.G.A.

O.C.G.A. § 34-7-3 (2019)

Requirements where wages paid by written instrument; effect of protest or dishonor

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) 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.

History

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

Annotations

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 and 34-7-3. 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 ALR 1300. Validity, construction, and effect of state

laws requiring payment of wages on resignation of employee immediately or within specified period, 11 ALR5th 715. Validity, construction, and effect of state laws requiring payment of wages on discharge of employee immediately or within specified period, 18 ALR5th 577.

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Preston v. Settle Down Enter., Inc., 90 F. Supp. 2d 1267 (N.D. Ga. 2000).
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Preston v. Settle Down Enter., Inc., 90 F. Supp. 2d 1267 (N.D. Ga. 2000). · cites it 3× “As for the other alleged violations of Georgia law, § 34-7-2 calls for payment of wages to be made in lawful money, check or credit transfer, and § 34-7-3 provides an instrument issued in payment of wages must be negotiable and “payable in cash, on demand, without discount.”
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