2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 19 - Labor Practices
Article 2 - Fair Employment Practices
§ 45-19-46. Overtime Compensation

1. 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.
2. 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.
3. 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.

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

- 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 L. 1982, p. 1253, § 2 and repealed by Ga.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.

• 45-20-1. Purposes; principles.
• 45-20-2. Definitions.
• 45-20-3. Duties and functions of State Personnel Board generally; compensation; quorum.
• 45-20-3.1. Rule-making procedure.
• 45-20-4. Duties and responsibilities of commissioner in administration of this chapter.
• 45-20-5. Creation of Council for State Personnel Administration; membership; objectives; powers [Repealed].
• 45-20-6. Composition of classified and unclassified service; effect of exclusion from classified service on eligibility for membership in Employees' Retirement System of Georgia; working test period before obtaining rights of appeal.
• 45-20-7. Employees in legislative branch authorized to become covered employees; procedure [Repealed].
• 45-20-8. Procedure for adverse action against classified employees generally; appeals generally.
• 45-20-9. Procedure for hearings and appeals relating to adverse personnel actions.
• 45-20-10. Collection, compilation, consolidation, and submission of certain personnel data.
• 45-20-11, 45-20-12 [Repealed].
• 45-20-13, 45-20-14 [Repealed].
• 45-20-15. Confidentiality of information received by staff in counseling; exceptions [Repealed].
• 45-20-16. Rules for accrual of leave, holidays, and compensation for closing of state offices; utilization of accumulated sick leave; conversion to and use of personal leave; disapproval, contesting and reacquisition of sick leave.
• 45-20-17. Interdepartmental transfers [Repealed].
• 45-20-18. Loss of eligibility for wage incentive payment due to abuse of member of public.
• 45-20-19. Termination or elimination of positions or employees through reduction in force.
• 45-20-20. Eligible employees must register with Selective Service System; exemptions.
• 45-20-21. Performance management system.

• 45-20-30. Leave of absence for blood donation.
• 45-20-31. Leave of absence for organ or bone marrow donation.
• 45-20-32. Limited paid leave for the purpose of promoting education.

• 45-20-50. Purpose of article.
• 45-20-51. Definitions.
• 45-20-52. Board as policy-setting body for administration of article; rules and regulations.
• 45-20-53. Deduction from salaries or wages for contribution to charitable organizations.
• 45-20-54. Disclosure of amounts or designations of authorized charitable deductions; pressure, coercion, or intimidation of employee with reference to deductions.
• 45-20-54.1. Promulgation of regulations regarding distribution of deducted funds; disposition of undesignated funds.
• 45-20-55. Reimbursement of cost of making deductions and remitting proceeds; delegation of activities related to management of funds.
• 45-20-56. Deduction and transmittal of funds as privilege; immunity from liability to employee or charitable organization for errors, omissions, or decisions regarding deductions; board as sole judge of eligibility of charitable organizations.

• 45-20-70. "Employee assistance program" defined.
• 45-20-70.1. Program authorized.
• 45-20-71. Confidentiality of program related records or activities.

• 45-20-90. Definitions.
• 45-20-91. Determination of employees subject to testing.
• 45-20-92. Rules adopted by State Personnel Board; certification of testing laboratories.
• 45-20-93. Grounds for termination from employment.

• 45-20-110. Definitions.
• 45-20-111. Analysis of positions warranting established test; testing requirements, cost, and procedure; disqualification from employment for refusing test or showing positive results.

- Rules of the State Personnel Board, Official Compilation of the Rules and Regulations of the State of Georgia, State Personnel Board, Chapter 478-1.

JUDICIAL DECISIONS

Regulations create entitlement to promotion.

- O.C.G.A. § 45-20-1 and Rules 4 and 14 of the Rules and Regulations of the State Personnel Board create a mutually recognizable entitlement, and one is entitled to a reasonable expectation that if one performs the duties and responsibilities of a human services program manager, one will be classified as such and will receive an increase in benefits and pay in accordance with this classification. Brown v. Ledbetter, 569 F. Supp. 170 (N.D. Ga. 1983).

ARTICLE 1 GENERAL PROVISIONS

Law reviews.

- For article, "Wheel of Fortune: A Critique of the 'Manifest Imbalance' Requirement for Race-Conscious Affirmative Action under Title VII," see 43 Ga. L. Rev. 993 (2009). For article, "The Public Policy Exception to Employment At-Will: Time to Retire a Noble Warrior?," see 61 Mercer L. Rev. 551 (2010).