Markman

Plaintiff brought this action to recover compensation for overtime while working as a deputy sheriff for defendant county, for which he had been unable to take equivalent time off. The trial court denied recovery and entered a judgment in defendant’s favor; plaintiff appeals therefrom.

The facts are established by stipulation. Plaintiff was employed as a deputy sheriff by defendant from November 29, 1957, until some time in May 1966, when he voluntarily terminated his employment. During the years 1960 through 1965, inclusive, he was required by the nature of his duties, translated into specific orders by his superiors which plaintiff had no power to refuse to obey, to work a total of 1,191 hours overtime for which he was never compensated. During these years Los Angeles County Ordinance Number 6222, specifically section 130 thereof, provided that whenever any person employed by defendant county was compelled to work overtime he was entitled to equivalent time off, but most of this reciprocal time had to be taken in the same calendar year the overtime had occurred. A carryover to a maximum of 18 days (144 hours) was permitted subject to the approval of plaintiff’s…