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Wis. C.O. Lawsuit Seeks Pay for Pre-Duty Work

August 08, 2013  | 

A group of 10 state prison guards has filed a lawsuit alleging the state owes them millions in back pay because of a 2012 work rule that defines when they are considered on duty.

According to the lawsuit, the state Department of Corrections issued a policy on Jan. 29, 2012, stating that employees are considered "on duty when they are present at their assigned post/work location prepared to assume their duties at their designated start time."

But the guards allege it means they aren’t paid for pre-shift work that serves DOC's interests, such as passing a security screening, participating in roll calls and fitness for duty checks, checking out and receiving equipment and traveling through prisons to their assigned posts, all while being ready to respond to emergency calls.

They also alleged they are not paid for post-shift work that includes communicating with relief officers, checking in work equipment and passing a security screening, again while being available for emergency calls.

Read the full Associated Press story.


Comments (2)

Displaying 1 - 2 of 2

Ima Leprechaun @ 8/13/2013 6:53 PM

There is much older labor case law on this subject dating back to the mid 1980's. Contact the National Fraternal Order of Police for specific information regarding that case law. Law Enforcement agencies used to make employees show up for 15 minutes prior to their scheduled on duty time for roll call. Current violators could be made to produce back OT pay to that original mid 1980's ruling since the ruling is covered under federal labor laws. Have fun!

Sherry @ 1/9/2015 1:29 PM

I have been suspended twice for being late for roll call. It is never more than one or two minutes. We are not paid for roll call. How do you get suspended for time you are not being paid. I want to fight back but other officers won't join in. What advice can you offer me.

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