Title 45, Chapter 19, Section 46
( 45-19-46)
(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. |