Posted by Gary Burger on March 17, 2017 in Workers' Compensation
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.