Martin v. Henderson

I dissent.

These cases were.correctly decided by the District Court of Appeal, Third District (see Martin v. Lampton, (Cal.App.) 240 P.2d 21) and I adopt the views there expressed. However, I desire to comment on the position taken by the majority here.

The record discloses that the state employees here involved worked overtime at the express command of their superiors with the promise of time off for the overtime, yet the majority denies them compensation therefor on the grounds that there is no statutory authority for the payment of such overtime or promise to pay it, and that as to their…