Certified class action case set for
trial Nov. 1

The Circuit Court of Cole County has
certified a class action of employees of the Missouri Department of Corrections who worked as a Corrections Officer
I or Corrections Officer II and appointed me class counsel. We recently set the case for trial November 1, 2017.

We allege the Missouri DOC does not pay
straight-time or overtime wages for pre- and post-shift activities which the DOC requires employees to perform. We
are requesting the DOC change this policy now and in the future, and compensate all class members for the unpaid
time they spent performing pre- and post-shift activities.

The Court ruled we cannot maintain
claims under the FLSA or Missouri’s minimum wage and overtime law. But we also seek damages for breach of contract
and equitable remedies, i.e. the unjust enrichment obtained by the MDOC for pre- and post-shift activities completed
by CO I and CO II employees that were not paid.

The Department of Corrections denies
that the pre- and post-shift activities identified by Plaintiffs are compensable and that it must compensate
employees for time spent performing those activities. It raises several affirmative defenses, including that the
time spent on such activities is small, or de minimis, and that the activities are pre- or post-work activities that
are not compensable under applicable law.

Here are links to our
website page, the Order
granting certification, our Memorandum
in Opposition to Summary Judgment, and our Extensive Facts
in Opposition to Summary Judgment.

Please call
or email me if you have any information to assist us in this claim.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

Chat With Us