Official Code of Georgia Annotated

Title 45. PUBLIC OFFICERS AND EMPLOYEES · Chapter 19. LABOR PRACTICES · Article 2. FAIR EMPLOYMENT PRACTICES

45-19-46. Overtime compensation.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
As used in this Code section, the term:#
1. (1)
  ‘‘Overtime hours’’ means hours worked by a public employee for which payment of time and one-half overtime compensation or time and one-half compensatory time is required pursuant to the Fair Labor Standards Act, 29 U.S.C.A. 207, et seq.#
2. (2)
  ‘‘Public employee’’ or ‘‘applicant’’ means a public employee or applicant for public employment who is, or if hired would be, entitled to payment of time and one-half overtime compensation or time and one-half compensatory time for overtime hours, pursuant to the Fair Labor Standards Act, 29 U.S.C.A. 207, et seq.#
(b)
No public employer shall require that a public employee or applicant agree, as a term and condition of employment, to receive neither time and one-half overtime compensation nor time and one-half compensatory time for overtime hours.#
(c)
Nothing in this Code section shall prohibit a public employer from providing time and one-half compensatory time in lieu of cash overtime payment, or from exercising any other optional payment plan or method authorized by the Fair Labor Standards Act, 29 U.S.C.A. 207, et seq., including, but not limited to, the fluctuating work week method of overtime payment.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 45-19-46, enacted by Ga. L. 1998, p. 622, § 1.

Editor's notes

This Code section formerly related to repeal date of an article relating to fair employment practices and was enacted by Ga. L. 1982, p. 1253, § 2 and repealed by Ga. L. 1983, p. 1097, § 1. See Ga. L. 1982, p. 1253, § 1, for similar provisions in effect prior to Code enactment.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t45-(v33)-2016-pdf.pdf, Volume V33, 2016 edition, page 587; merge action: carried; file SHA-256 7dfce9a0fd88.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.