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.
CHAPTER 5 SEX DISCRIMINATION IN EMPLOYMENTSec.
- Equal protection, U.S. Const., amend. 14 and Ga. Const. 1983, Art. I, Sec. I, Para. II.
Discrimination in public employment on basis of sex, age, race, § 45-19-20 et seq.
Law reviews.- For annual eleventh circuit survey of employment discrimination, see 42 Mercer L. Rev. 1381 (1991). For survey of 1995 Eleventh Circuit cases on employment discrimination, see 47 Mercer L. Rev. 797 (1996). For article, "Compliance Requires Inspection: The Failure of Gender Equal Pay Efforts in the United States," see 68 Mercer L. Rev. 445 (2017). For annual survey on employment discrimination, see 69 Mercer L. Rev. 1117 (2018). For note, "Workin' 9:00-5:00 for Nine Months: Assessing Pregnancy Discrimination Laws in Georgia," see 33 Ga. St. U. L. Rev. 771 (2017). For note, "Employer Beware: Changing the Landscape of Employment Discrimination Claims at the Summary Judgment Stage," see 68 Mercer L. Rev. 1145 (2017). For note, "Battle of the Sexes: Title VII's Failure to Protect Women from Discrimination Against Sex-Linked Conditions," see 53 Ga. L. Rev. 1185 (2019). For note, "Breaking the Binary: Desegregation of Bathrooms," see 36 Ga. St. U.L. Rev. 381 (2020). For comment, "Blurred Lines: Sexual Orientation and Gender Nonconformity in Title VII," see 64 Emory L. J. 911 (2015). For comment, "'A Fresh Look': Title VII's New Promise for LGBT Discrimination Protection Post-Hively," see 68 Emory L.J. 1101 (2019).
RESEARCH REFERENCESSex Discrimination in Employment - Promotion Practices, 12 POF2d 645.
Sex Discrimination - Sexual Harassment Creating a Hostile Work Environment, 50 POF2d 127.
Damages for Sexual Assault, 15 POF3d 259.
Employment Handicap Discrimination Based on Gender Dysphoria (Transsexualism), 25 POF3d 415.
Sex Discrimination in Employment Promotion Decisions, 46 POF3d 1.
Employer's Liability for Same-Sex Harassment, 61 POF3d 1.
Sexual Harassment in Employment, 33 Am. Jur. Trials 257.
Sex Discrimination Based Upon Sexual Stereotyping, 53 Am. Jur. Trials 299.
Workplace Sexual Harassment: Quid Pro Quo, 62 Am. Jur. Trials 235.
Taking the Deposition of the Sexual Harassment Plaintiff, 65 Am. Jur. Trials 65.
Sexual Harassment Damages and Remedies, 73 Am. Jur. Trials 1.
C.J.S.- 30 C.J.S. Employers' Liability for Injuries to Employees, § 237.
ALR.
- Validity, construction, and application of statute designed to prevent discrimination between male and female employees as regards wages or other conditions of work, 130 A.L.R. 436; 7 A.L.R. Fed. 707.
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.
On-the-job sexual harassment as violation of state civil rights law, 18 A.L.R.4th 328.
Discipline or discharge for sexual conduct as violative of state fair employment laws, 47 A.L.R.4th 863.
Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress, 52 A.L.R.4th 853.
Construction and Application of Provisions of Equal Pay Act of 1963 (29 USCS § 206(d)) Prohibiting Wage Discrimination on Basis of Sex, 7 A.L.R. Fed. 707.
Employee's protection under § 15(a)(3) of Fair Labor Standards Act (29 USC § 215(a)(3)), 101 A.L.R. Fed. 220.
When is supervisor's hostile environment sexual harassment under Title VII of Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.) imputable to employer, 157 A.L.R. Fed. 1
Discrimination on basis of sexual orientation as form of sex discrimination proscribed by Title VII of Civil Rights Act of 1964, 28 A.L.R. Fed. 3d 4.