Confidential
Settlement – $1,500Judge
Court
USDC Eastern
Attorneys
Plaintiff
Gary M. Messing
(Messing, Adam & Jasmine LLP)
Defendant
Facts
Correctional officers and other employees, including medical technical assistants, are required to perform various tasks before the beginning of their shifts and after the end of their shifts, for which they are not paid. These tasks include picking up keys and equipment on their way to their assigned posts in the institution, and dropping off keys and equipment on their way out of the institution after leaving their posts at the end of the day. Other officers are required to inventory weapons and ammunition, carry equipment across prison grounds and respond to incidents that may occur before and after shifts. Generally, such activities were not paid because the departments considered the period when officers were changing shifts to be non-compensable "preliminary" and "postliminary" activities which were non-integral to their principal job function. Parole officers were allowed to take work home or perform work in the field without pay. In June 1994, the plaintiffs brought this action against the state, the corrections department and the state department of mental health based on the Fair Labor Standards Act (FLSA 29 USC ºº201 et seq.).
Settlement Discussions
Settlement discussions were held soon after the filing of the lawsuit. The plaintiffs believed that there was clear liability; however, the calculation of the amount of backpay owed each individual was complex in that employees changed assignments, shifts and institutions throughout the period covered by the lawsuit. On Oct. 11, 1996, a settlement agreement was signed and approved by all parties and appproved by the federal court. The settlement agreement provided for payment to each consenter of approximately $1,500. In addition, the state of agreed to pay the plaintiffs' attorney's fees of $450,000 under the applicable fee-shifting provision in the Fair Labor Standards Act (29 USC º216(b)).
Damages
The plaintiffs asked that backpay and liquidated damages be awarded. Backpay consisted of a claim of approximately five to 15 minutes per day for each employee who joined the action as a consenter. Liquidated damages are mandated by 29 USC º260 whenever the employer fails to meet the burden of proof that it was acting with a good faith, reasonable belief of compliance at the time of violation.
Other Information
The settlement was reached approximately two years and 10 months after the case was filed.
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