Such payments shall be made on such dates during the month as may be decided upon by such person, firm, or corporation; provided, however, that the dates so selected shall be such that the month will be divided into at least two equal periods; and provided, further, that the payments made on each such date shall in every case correspond to the full net amount of wages or earnings due the employees for the period for which the payment is made.
History. Ga. L. 1919, p. 388, § 1; Code 1933, § 66-102; Ga. L. 1973, p. 672, § 1; Ga. L. 1982, p. 3, § 34; Ga. L. 1984, p. 22, § 34; Ga. L. 2015, p. 596, § 1/SB 88; Ga. L. 2019, p. 527, § 3/HB 373.
The 2015 amendment, effective May 5, 2015, designated the existing provisions of this Code section as subsection (b); added subsections (a) and (c); and, in the middle of the first sentence of subsection (b), substituted “subheads of departments” for “subheads of department”, deleted “or” following “(2) by check”, substituted “authorization of electronic credit transfer to his or her account” for “authorization of credit transfer to his account”, and, at the end of the first sentence, added “, or (4) by credit to a payroll card account.”
The 2019 amendment, effective May 6, 2019, substituted the present provisions of subsection (b) for the former provisions, which read: “Every person, firm, or corporation, including steam and electric railroads, but not including farming, sawmill, and turpentine industries, employing skilled or unskilled wageworkers in manual, mechanical, or clerical labor, including all employees except officials, superintendents, or other heads or subheads of departments who may be employed by the month or year at stipulated salaries, shall make wage and salary payments to such employees or to their authorized representatives (1) by lawful money of the United States, (2) by check, (3) with the consent of the employee, by authorization of electronic credit transfer to his or her account with a bank, trust company, or other financial institution authorized by the United States or one of the several states to receive deposits in the United States, or (4) by credit to a payroll card account. Such payments shall be made on such dates during the month as may be decided upon by such person, firm, or corporation; provided, however, that the dates so selected shall be such that the month will be divided into at least two equal periods; and provided, further, that the payments made on each such date shall in every case correspond to the full net amount of wages or earnings due the employees for the period for which the payment is made.”; and substituted the present provisions of subsection (c) for the former provisions, which read: “A person, firm, or corporation that elects pursuant to subsection (b) of this Code section to make wage and salary payments by using credit to a payroll card account shall provide the employee with each of the following:
“(1) A written explanation of any fees associated with the payroll card account offered to the employee. For all employees employed on the date a person, firm, or corporation elects to make such wage and salary payments by using credit to a payroll card account, such written explanation shall be provided at least 30 days prior to the date such payroll card account is to become available. For any employee hired after the date of such election, the written explanation shall be provided at the time of hiring. A form shall be provided simultaneously with the written explanation of fees allowing employees to opt out of receiving such payments as credit to a payroll card account as provided in paragraphs (2) and (3) of this subsection. Such form shall also be made generally available to employees;
“(2) The ability to opt out of receiving such payments as credit to a payroll card account by submitting in writing a request for a check; and
“(3) The ability to opt out of receiving such payments as credit to a payroll card account by providing the proper designation and authorization for an electronic credit transfer.”
Law reviews.
For comment criticizing Messenger v. State, 209 Ga. 340 , 72 S.E.2d 460 (1952), see 4 Mercer L. Rev. 371 (1953).
For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005).
For article, “Georgia’s ‘Bring Your Gun to Work’ Law May Not Have the Firepower to Trouble Georgia Employers After All,” see 14 (No. 7) Ga. St. B. J. 12 (2009).
Structure Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 7 - Employment Generally; Employer’s Liability
Article 1 - General Provisions
§ 34-7-1. Determination of Term of Employment; Manner of Termination of Indefinite Hiring
§ 34-7-3. Requirements Where Wages Paid by Written Instrument; Effect of Protest or Dishonor
§ 34-7-5. Redemption of Checks or Other Written Evidences of Indebtedness for Wages