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Missouri Department of Corrections Class Action

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 from August 14, 2007 to the present.

Plaintiffs’ 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. 

Plaintiffs 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.

If you would like to share your experience of pre- and post-shift activity at the DOC or have questions, email or call us.

The plaintiffs are Thomas Hootselle, Jr., Daniel Dicus, and Oliver Huff and they brought this case against the Missouri Department of Corrections and its Director, George Lombardi.

You can see plaintiff’s Petition by clicking below. In Count III, Plaintiffs seek damages for the Department’s alleged breach of contract in not paying wages for work performed. In Count IV, Plaintiffs seek damages for the Department’s alleged unjust enrichment for pre- and post-shift activities completed by CO I and CO II employees that was not paid.

In Count V, Plaintiffs seek relief in quantum meruit for pre- and post-shift activities completed by CO I and CO II employees, meaning that the DOC expressly or impliedly promised it would pay the class members for their work and did not. Counts I and II have been previously dismissed by the Court.

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.

The Court has certified this class, approved the plaintiffs identified above as class plaintiffs and approved Gary Burger as class counsel. The court approved class notice that was mailed last fall, and approved this website page.

Please click on the links below for copies of documents related to this case. Please call Gary or a member of his office at 314-542-2222 or email him if you have any further questions. You can click here and look up the case status on Search for case number 12AC-CC00518.

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