Simpson

Simpson v. Cranston

Good Law
13 Cal. Rptr. 668·1961 Cal. LEXIS 275·56 Cal. 2d 63·362 P.2d 492
Supreme Court of CaliforniaJune 1, 1961S. F. No. 20624California2,865 words

Opinion

lead Opinion

Schauer, J.

This mandamus proceeding was instituted by one Robert T. Simpson, 1 an inspector of the Division of Narcotic Enforcement, Department of Justice, of the State of California, against certain state officials as defendants to compel the approval of Simpson’s claim seeking payment for uncompensated overtime hours allegedly worked by him prior to and during the year 1948. Simpson was a civil service employe. The trial court ordered issuance of the peremptory writ directing defendants to approve the claim in the sum of $9,715.50 for overtime worked during the period from February 6, 1943, to and including June 9, 1948, and this appeal followed. We have concluded that applicable statutes, as well as previous decisions of this court, are clear that employes in positions allocated to the classification of that held by Simpson may not recover pay for overtime worked *65 during the subject period of time, and that the judgment should therefore be reversed.

It is established law in this state that in the absence of statutory provisions a public employe is not entitled to compensation for overtime worked. (Adams v. City of Modesto (1960), 53 Cal.2d 833, 835 [ 350 P.2d 529 ]; Martin v.…

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