Is a city dispatcher entitled to overtime compensation when the city does not have an appropriation for overtime?

California, United States of America


The following excerpt is from Stoetzl v. State, 14 Cal.App.5th 1256, 222 Cal.Rptr.3d 728 (Cal. App. 2017):

dispatchers was work in excess of the eight-hour day, and the employees' right to overtime compensation, mandated by the city regulations, vested upon performance." ( Id . at pp. 413-414, 204 Cal.Rptr. 422, 682 P.2d 1087 ; see also Longshore v. County of Ventura (1979) 25 Cal.3d 14, 22, 157 Cal.Rptr. 706, 598 P.2d 866 ["A claim for compensation owed by an employer for services already performed is contractual ..."].) In White , our high court concluded that, although employees who worked during a budget impasse had no right to the immediate payment of salary in the absence of a duly enacted appropriation, "employees who work during a budget impasse obtain a right, protected by the contract clause , to the ultimate payment of salary that has been earned." ( White , supra , 30 Cal.4th at pp. 570-571, 133 Cal.Rptr.2d 648, 68 P.3d 74.)

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