Correctional Officer Unpaid Wages
Correctional officers face unique challenges in their jobs, including long hours, an inherently dangerous working environment, and rigid security protocols. Correctional officers risk their lives to protect the public. Despite this, they also encounter wage and hour violations that result in them working in these dangerous environments for free or without the wages required by law. Correctional officers routinely work beyond their scheduled shifts due to mandatory security screening to keep contraband out of the prison, picking up required equipment, on-post equipment handovers, information exchanges, and interacting with inmates and addressing inmate behavior while walking to the assigned post, all without pay. If these additional work activities are not compensated, it could be a violation of federal labor laws, such as the Fair Labor Standards Act (FLSA). Depending on the employer, it may also violate state law.
Additionally, correctional officers who work overnight shifts or are subject to varying pay rates based on their rank or duties might not be receiving the appropriate overtime rate because employers frequently exclude differential pay from the overtime rate, leading to further wage discrepancies. Given these common violations, correctional officers are often underpaid or not compensated for overtime work.
McGillivary Steele Elkin LLP is committed to fighting for correctional officers’ rights and ensuring they receive the wages they have earned, holding employers accountable for any violations.
We have been successfully representing correctional officers and prison workers throughout the nation for over 20 years. Whether through fierce litigation or expert mediation, our steadfast commitment to ensuring correctional workers are fairly compensated for their hard work means that we’ve won more than $50 million in unpaid wages, back pay, and damages for workers like you.
If you work as a correctional officer and your employer has violated the law, we would be proud to represent you and fight on your behalf to recover what you are owed for your employer’s failure to follow the law.
What Are Wage and Hour Violations?
Simply put, a wage and hour violation occurs when your employer fails to pay you properly for your overtime hours or fails to meet state law requirements related to pay or hours worked. This can range from unpaid overtime to inaccurate reporting of time worked, late payment of overtime, and incorrectly calculating your regular rate of pay for purposes of paying overtime.
The Fair Labor Standards Act (FLSA)
Established in 1938, the FLSA sets minimum wage, overtime pay, and record-keeping standards, which pertain to employees in the private sector as well as Federal, State, and local governments. This includes correctional officers and prison workers.
FLSA violations include, but are not limited to:
- Overtime violations. This is the most common violation of the FLSA. Employers must pay non-exempt employees for any hours worked over 40 hours in one work week.
- Rounding of overtime hours. Employers are not allowed to round down an employee’s time worked where it only benefits the employer. For example, if you work for one hour and 15 minutes of overtime, your employer cannot pay you for only one hour. They must pay you for all the time you work.
In addition, the FLSA prohibits employers from retaliating against employees who report wage and hour violations, or who file lawsuits to recover unpaid overtime and other wages.
Unpaid Overtime Claims For Correctional Officers
McGillivary Steele Elkin LLP has taken on unpaid overtime claims for correctional officers including:
- Employer’s failure to pay for pre-shift and post-shift activities, such as going through security screening, picking up equipment, getting briefed by supervisors or the outgoing officer, etc.
- Employer’s misclassification of correctional workers as ineligible to receive overtime pay based on rank, status, or duty assignments.
- Employer’s failure to pay overtime for meal periods during which correctional officers are not relieved of duty, for example, eating lunch at the officers’ station while monitoring inmates Employer’s failure to include all required payments in the regular rate of pay when calculating overtime.
- Employer’s failure to pay night shift differential, Sunday premium pay, and other premiums for overtime assignments for federal correctional officers.
- Receiving late payment of overtime wages, more than 30 days after the overtime was worked.
Regardless of the reason you think your employer may owe you unpaid wages, you have a right to be paid for the time you work, and to be paid accurately. That’s where McGillivary Steele Elkin LLP comes in.
How We Can Help You
If you’re a correctional officer due unpaid wages, or you aren’t sure whether you should be receiving additional pay, contact us now. One of our expert wage and hour attorneys will respond to you in less than 24 hours.
They’ll ask you questions about your work week so they can better explain your rights to you. They’ll also assist in determining whether you have a potential case that may lead to you—and possibly your coworkers—receiving additional compensation.
For more information regarding the wage and hour laws that apply to correctional officers, we encourage you to visit the Law Enforcement Resources page.
If you have a question that is not answered here or in the Law Enforcement Resources, or if you think you may be experiencing workplace benefit, treatment, or wage and hour violations, please email us at info@mselaborlaw.com.
