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I recently had the pleasure of representing hundreds of correctional officers in a collective action under the Fair Labor Standards Act.

We filed the case in federal court alleging the employer required my clients to perform pre- and post-shift duties off-the-clock without pay. Here's a link to our website page with the class action notice.

We represented about 350 officers at four prisons where Management Training Corporation was hired to provide prison staffing.

We litigated this case for over half a year conducting written discovery. We then requested that the Court stay litigation and allow the parties to mediate the case.

Before mediation, we distributed an online survey to the hundreds of correctional officers asking what pre- and post-shift duties they performed and how much time it took. We also hired an expert statistician to calculate the damages of the class.

After all this work, we were able to successfully mediate the case. We were honored to represent the correctional officers and proud to get a great settlement of $130,000!

Similar to our case in Missouri, corrections officers entering the correctional facilities where they work, and prior to proceeding to their work assignment posts, my clients were required to pass through security screenings, retrieve equipment including handcuffs and pepper spray, verify their identity, receive job assignments, pass through security gates, walk to their post and receive a pass down briefing from the prior shift.

They were also required to do much of this activity after leaving their posts.

The FLSA requires that employees be paid at least the federal minimum wage for all hours worked and overtime pay at not less than one and one-half times the regular rate of pay for all hours worked over 40 hours in a workweek.

In addition, under the continuous workday rule, compensation is required from the first work-related activity through the last, even if activities in between might not otherwise be compensable.

We alleged that pre- and post-shift duties are integral and indispensable to correctional officers’ primary job duties and therefore compensable.

The damages and recovery in this case was limited because MTC stopped its practice of not paying for pre and post shift work after we filed suit.

And they had a good argument that they should not have their damages doubled as they had a district court ruling approving their conduct. But that decision was reversed in 10th Circuit Federal appellate court ruling. Here's a link to that decision.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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Over $170 Million won for our clients

$113,714,632 Missouri Correctional Officers Class Action


$113.7 Million

FLSA Fair Labor Standards Act

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$130,000 Collective Action Settlement




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The success of your personal injury claim depends on many factors and a lot goes into determining the value of your case. Get a better understanding of what to expect and what you can do through our answers to some of the most common questions we hear from injury victims and their families.

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How To Choose The Right Personal Injury Lawyer For Me

How do you determine which personal injury lawyer is right for you? As you've undoubtedly heard the disclaimer at the end of TV and radio commercials for law firms: the choice of a lawyer is important and should not be based solely upon advertisements. The key is to speak with the lawyer and de …

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How Long Do I Have to File a Personal Injury Claim?

Do you know how long you have to file a personal injury claim? Or when the best time is to file one? Is it better to do it immediately after your accident or to wait until you know how significantly your injuries have affected your life? These are just the beginning of the string of questions t …

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When to Hire a Personal Injury Lawyer

When To Hire a Personal Injury Lawyer. Accidents and injuries are always unexpected, and it can be hard to know what to do in the aftermath, and how to go about getting compensation for your property damage, medical bills, lost wages and pain and suffering. Burger Law knows how to handle cases and …

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