Legal Opinion
CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSN. v. State of California
California Court of Appeal
Decided October 29, 2010No. A126080PublishedCited by 6 opinions
1Opinion of the Court
Opinion
BRUINIERS, J.
We are asked to determine whether, in the absence of a collective bargaining agreement, Government Code section 19851 mandates the payment of overtime compensation to correctional peace officers who work more than eight hours per day or 40 hours per week. 1 The trial court held that it does not. We agree and affirm the judgment.
I. Background
Section 19851 generally provides that, unless state employees are subject to a contrary memorandum of understanding (MOU), 2 “It is the policy of the state that the workweek of the state employee shall be 40 hours, and the workday of…
2Cases cited23 opinions
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
- National League of Cities v. UserySupreme Court of the United States · 1976
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Equilon Enterprises v. Consumer Cause, Inc.California Supreme Court · 2002
- Lakin v. Watkins Associated IndustriesCalifornia Supreme Court · 1993
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3Cited by6 opinions
- California Chamber of Commerce v. BrownCalifornia Court of Appeal · 2011
- Westamerica Bank v. City of BerkeleyCalifornia Court of Appeal · 2011
- Brown v. Superior CourtCalifornia Court of Appeal · 2011
- Stoetzl v. State, California Court of Appeal, 5th District2017
- Asahi Kasei Pharma v. ActelionCalifornia Court of Appeal · 2014
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