A federal judge has ruled that correctional officers (COs) in North Carolina are entitled to be paid for time worked before and after scheduled shifts. The ruling was made by United States District Judge Terrence W. Boyle, who noted that “the undisputed evidence….shows that once the COs entered the prisons, they had to remain alert and vigilant at all times in order to maintain the facilities’ security,” and “had to be ready to spring to action if an emergency occurred.”
Case Background
The plaintiffs were hourly-paid employees, working as correction officers at the North Carolina Department of Public Safety (DPS) facilities across the state. They brought the action to recover unpaid wages owed under the Fair Labor Standards Act (FLSA).
The employment contracts provide that the plaintiffs will be paid for all hours worked, including gap hours, up to 171 hours in a 28-day tour of duty, at their straight-time rates. During the time period for this action, the plaintiffs were paid for a standard 12.25 hours per shift, regardless of the hours they actually worked.
The DPS required the plaintiffs to arrive before the start of their shifts in order to undergo security, gather and put on critical safety equipment and per form other pre-shift work critical to the safety and security of the prisons and their occupants. After going off-the-clock at the end of their shifts, plaintiffs are required to wait for relief, share information with the officer coming on shift, return equipment, and travel from their post to the facility exit. All of these actions are performed while in the presence of or in close proximity to inmates, thereby requiring the plaintiffs to be vigilant and respond to emergencies as necessary.
In short, the plaintiffs remain on duty from the moment they enter the prison until they leave. These activities constitute compensable work under the FLSA, and the plaintiffs are entitled to be paid for that time.
As an example, for one defendant, this amounted to 10 hours of unpaid work in a 28-day tour of duty.
Plaintiffs attorney collaboration counsel includes Dan Bryson of Bryson Harris Suciu DeMay, Adam Levitt, Eaghan Seumas Davis and Daniel Schwartz of DiCello Levitt, Shanon Carson of Berger Montague, Michael Flannery of Cuneo Gilbert & LaDuca, and Patrick Wallace of Lee Segui.