October 2022 Update
Four years after a massive jury verdict in the plaintiffs’ favor and 16 months after the Missouri Supreme Court sent them back for another try, a Missouri judge has approved a settlement worth at least $117.5 million for state corrections officers who sought payment for unpaid on-the-job activities.
Read Missouri Lawyers Weekly's article on the settlement here:Court Approves $117.5 Million Settlement for Corrections Officers' Overtime
$113.7 Million Missouri Correctional Officer Class Action Suit
A Cole County Jury returned a verdict for $113,714,632.00 for the class of Corrections Officers we represented. From my voir dire, through opening, 16 live witnesses, the defense case and closing, it was a true pleasure to see our civil justice system working in Missouri’s capital.
The front line Corrections Officers and Sergeants testified at trial that the Department of Corrections required them to perform pre and post-shift work but refused to pay them for it. The jury awarded a little more than the amount we requested in closing. We presented damage evidence for the 11 year class time period to pay for the wages earned in pre and post-shift activity by the 13,000 class members.
They calculated our expert’s report and testimony to arrive at a damage figure to the dollar. We are grateful to the team of lawyers, legal professionals and clients who gave their all for years to accomplish this. To see the judgment, pleadings and other information about the case, visit this page devoted to the lawsuit.
Gary Burger and the legal team on this case asked the hard-working jury to hold the DOC responsible for not fully paying their employees. Because the DOC breached its agreement with its officers, it is responsible for all the harm it caused. We asked the jury to not “leave anyone behind” in the verdict for this large veteran comprised workforce. We put on a strong case and our evidence sought to simply show the damages to the class.