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CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSN. v. STATE OF CALIFORNIA

No. A126080.

189 Cal.App.4th 849 (2010)

117 Cal. Rptr. 3d 109

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

October 29, 2010.

Attorney(s) appearing for the Case

Carroll, Burdick & McDonough, Greg McLean Adam , Gonzalo C. Martinez ; California Correctional Peace Officers' Association and Daniel M. Lindsay for Plaintiffs and Appellants.

Kronick, Moskovitz, Tiedemann & Girard, David W. Tyra , Kristianne T. Seargeant , Meredith H. Packer ; K. William Curtis , Warren C. Stracener , Linda A. Mayhew and Christopher Thomas for Defendants and Respondents.

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.

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