2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 4 - Minimum Wage Law
§ 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.
