A person’s paycheck is probably the most important part of their job. Fortunately, Georgia paycheck laws protect a person’s right to their paycheck in certain ways. In Georgia, these laws are enforced by the Georgia Department of Labor (GDOL).
For example, Georgia law directs Georgia employers to pay their employees by one of the following methods:
- Cash;
- Check;
- Payroll card account;
- Direct deposit, with the employee’s consent. Furthermore, an employer cannot require an employee to accept payment by direct deposit.
Georgia permits an employer to pay employees by payroll card account. However in order to make use of this method of payment, employers are required to provide employees with a written explanation of any fees associated with use of the payroll card account. The written explanation has to be provided at least 30 days prior to the date on which a payroll card account becomes available. For employees who are hired after an employer decides to pay their employees by payroll card account, the employer is required to provide a written explanation to new employees at the time the employee is hired.
A payroll card account is an account in which electronic deposits of wages or salaries are made on a recurring basis. The employee accesses the account through a card that is like a credit card. They save employers money because they do not have to pay the cost of printing checks and they are useful in the event that employees do not have bank accounts. It might be managed directly by an employer or by a third-party payroll processor, bank, or any other third-party who is not the employer.
So, an employer who tries to pay an employer with a promissory note or credit at a company store would be in violation of state law. Note that most Georgia paycheck laws do not apply to employees in the farming, sawmill, and turpentine industries, and to company officials, superintendents and others who are paid a salary.
However, if a Georgia employer were to provide an employee with payment for their work without a pay stub, or other statement of wages paid, wage rates used, deductions taken or other wage information, they would not be in violation of any law in Georgia. Georgia law does not require employers to provide their workers with any notice about any of this information when they are paid.
When Must Paychecks Be Sent Out?
Georgia state law requires that employers pay the majority of their employees at least twice monthly. Companies in three specific industries, the sawmill, farming, and turpentine industries, are exempt from this requirement.
If an employee is a superintendent, official, or the head or subhead of a department, they may be paid once a month or even only once a year in accordance with their contract.
What Happens If I Am Fired?
Georgia state law does not offer any specific guidance as to how and when an employee’s final paycheck must be delivered after they are let go from a company. In the absence of any state law on the topic, federal law applies to this situation.
Per the federal Fair Labor and Standards Act (FLSA), a person’s employer is required to give them their final paycheck no later than the last day of their final pay period.
The same is true with respect to employees who:
- Have been fired or discharged;
- Have voluntarily quit or resigned;
- Have stopped working due to a labor dispute or strike; or
- Are laid off temporarily.
Georgia does not have laws that say when an employer must pay wages to these employees, so again, federal law applies and the paycheck should be delivered on the last day of the final pay period in which the employee worked.
When an employee is separated from their employment for whatever reason, Georgia law requires the employer to complete GDOL Form DOL-800, entitled the “Separation Notice.” In the case of mass separations, the employer must complete GDOL Form DOL-402 and Form DOL-402A. The employer is required to give an employee a completed Form DOL-800 on their last day of work.
If the employee is not available to be handed the form on the last day of their employment, the employer must mail a copy of Form DOL-800 to the employee within three (3) days of the last day of work.
Can My Paycheck Be Garnished?
Wage garnishment is an order that directs a person’s employer to take money from the employee’s paycheck and send it directly to a creditor. Paychecks can be garnished for several reasons in Georgia, although creditors usually must obtain permission from a court to garnish a person’s wages. A debtor is provided with notice of court proceedings regarding garnishment before they take place and can appear at court hearings and dispute a creditor’s right to the garnishment or request an exemption.
However, if a person is not making payments on their student loans, back taxes, alimony or past due child support, then their paycheck can be garnished to meet these payment obligations without any court order.
As for other debts that are past due, e.g. credit card debt, if a court order is required for garnishment of a person’s wages, the person is notified of court proceedings in which wage garnishment is sought.
Employers in Georgia are not held to any specific requirements by Georgia law regarding paycheck deductions for damage to the employer’s property. This means that a person’s employer may be able to withhold part of their wages for a number of reasons, including damage to company property or failure to return company property after leaving the company.
Federal law limits how much of a person’s wages can be taken by judgment creditors. The garnishment amount is limited to 25% of a person’s disposable earnings for a week. The disposable earnings are earnings left after all mandatory deductions have been subtracted. Or, an alternative measure is the amount by which a person’s disposable earnings for a week exceed 30 times the federal minimum hourly wage, whichever is less. Some states establish a lower percentage limit for how much of a person’s wages can be garnished for creditors, but not Georgia. Georgia law mostly follows federal law.
There are different limitations on how much of a person’s paycheck can be garnished for unpaid student loans, unpaid taxes and unpaid child support.
Can I Recover a Withheld Paycheck?
Generally, Georgia paycheck withholding laws would prevent an employer from withholding a worker’s paycheck altogether. Withholding a final paycheck beyond the last day of employment would violate Georgia law. And Georgia law requires workers to be paid twice a month, so two times within any calendar month, a worker should get a paycheck.
Thus under Georgia law, an employer cannot withhold a person’s paycheck indefinitely. If an employer refuses to give a worker their paycheck, the worker can file a lawsuit against the employer in a court of law.
Where Can I Find the Right Lawyer?
If you think your employer has violated your right to your paycheck or is withholding money from it in violation of Georgia law or federal law, you should speak with an experienced Georgia employment lawyer immediately. A Georgia employment lawyer can explain your options for pursuing your full wages and help you make your best case.
