Burns Bair Successfully Argues Class Certification Appeal in Prison Guard Wage Loss Claim in Wisconsin Supreme Court

In a case argued before the Wisconsin Supreme Court, Burns Bair co-founder Tim Burns represented Nicole McDaniel and Matthew Davis, employees of detention facilities in Boscobel and Oshkosh, respectively. The plaintiffs were seeking additional pay for everyday tasks that extended past strict eight-hour work shifts. For example, all officers at Wisconsin’s 20 prisons are required to receive and provide briefings on events and security concerns. While these meetings are mandatory, they occur outside of the employees’ normal, compensable shifts.

The Wisconsin Supreme Court issued a decision affirming that correctional officers at state penitentiaries can pursue class action litigation against the state prison system seeking additional compensation for their pre- and post-shift work. The ruling overturns an earlier appellate court decision and now allows an estimated 5,000 Wisconsin correctional officers to pursue their wage-and-hour disputes on a class-wide basis.

“Every Wisconsin resident should recognize that these men and women are providing essential and thankless service under trying conditions and deserve to be paid for the time they are in this dangerous environment,” said Mr. Burns He noted that federal and state courts across the nation — including multiple appellate courts — have concluded that security screenings and correctional officers’ other pre- and post-shift work are fundamentally integral to their jobs and as a result are compensable.