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Thread: How long can an employer hold your first paycheck? Georgia

  1. #1
    Junior Member
    Join Date
    Aug 2008

    Default How long can an employer hold your first paycheck? Georgia

    Hello, I started working for a small restaurant 4 weeks ago. The owner said that he would hold my check for the first three weeks and then I would get paid for the first two weeks that I worked. after that I would get paid weekly. Now he is saying that I would get paid for the first two days that I the end of the fourth week...then get paid for the first full week in the next check. Has anybody heard of getting paid like this...I haven't...and I have worked in the business for 15 years. Any suggestions?

  2. #2
    Super Moderator
    Join Date
    Jun 2006


    Quote Originally Posted by BMIDDLEB View Post
    Any suggestions?
    Find another employer. Now.

    GA is a state that has little or nothing in the way of labor laws and does not do much to enforce what little labor law it does have. My reference book says that GA has "no provision" on how much time after the pay period to pay the employee. You can file a wage claim with federal DOL for unpaid wages. Or a small claims court action. Or talk to an attorney. I have heard that while GA nominally has a DOL, that it does not actually do anything.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  3. #3
    Junior Member
    Join Date
    Aug 2008


    yea, thats what I thought....I guess I will have to reason with the guy. I like the quote though...great author!

  4. #4
    Join Date
    Jul 2008
    Atlanta, Georgia


    Georgia law:

    34-7-2. Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer

    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 department 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, or (3) with the consent of the employee, by authorization of credit transfer to his 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. 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.
    C. Andrew Head, Attorney, Crowley Clarida & Head LLP Licensed to practice in Georgia. The foregoing does not constitute legal advice and should not be construed as establishing or attempting to establish any attorney-client relationship.

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