California, United States of America
The following excerpt is from O'Sullivan v. City and County of San Francisco, 145 Cal.App.2d 415, 302 P.2d 688 (Cal. App. 1956):
Even if the rule of other jurisdictions were followed in California, it would not aid appellants here. The rule is [145 Cal.App.2d 418] based upon the acceptance by the employee of 'less compensation than that fixed by law.' But here the very ordinance fixing the compensation contains specific provisions for an earlier starting time and for written waiver by the employee. Many of the decisions from other jurisdictions relied upon by appellants are based upon the reasoning that an employing member of the executive branch cannot undo the legislative act of fixing the compensation of the employee. See Glavey v. United States, 182 U.S. 595, 21 S.Ct. 891, 45 L.Ed. 1247. But such reasoning also is without application to the case at bar, for here the legislative body has itself made provision for the waiver.
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