---
title: O.C.G.A. § 45-19-46. Overtime compensation.
collection: code
id: 45-19-46
cite_as: O.C.G.A. § 45-19-46 (2025)
canonical_url: https://georgiacommons.org/code/45-19-46
md_url: https://georgiacommons.org/code/45-19-46.md
text_url: https://georgiacommons.org/code/45-19-46/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-2016-pdf.pdf?sfvrsn=cde47f8a_0#page=587
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/45-19.md
previous: https://georgiacommons.org/code/45-19-45.md
next: https://georgiacommons.org/code/45-19-60.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PUBLIC OFFICERS AND EMPLOYEES / LABOR PRACTICES / FAIR EMPLOYMENT PRACTICES
---

# O.C.G.A. § 45-19-46. Overtime compensation.

(a) As used in this Code section, the term:

(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) ‘‘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.

## 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.