NEWARK — Corrections officers for Mercer County Jail may proceed with their class action wage and overtime pay lawsuit, according to a federal judge. The federal judge found the court held jurisdiction over the Fair Labor Standards Act (FLSA) claim. In the same decision, the judge dismissed the retaliation claim related to the unpaid wages lawsuit, but did leave other avenues of relief open. In response to the lawsuit, Mercer County claimed the issue was a contractual dispute subject to arbitration. The judge’s decision stated the parties may still go to arbitration, but the corrections officers could still seek court relief.
The Correction Officers’ Claims
In their claim, sixty-six current and former Mercer County Jail corrections officers claim they were required by contract to arrive ten minutes before their shifts began for roll call. However, they were allegedly never paid for that time. While ten minutes each day may seem miniscule to some, it can add up over time, and could result in not only loss of pay, but also result in denied overtime wages. The guards believe the county owes them around $250,000 in back pay for their roll call time.
Related to their wage claim, the corrections officers claim the county, through its attorney, attempted to retaliate against them for bringing their lawsuit. They allege the county’s attorney said the corrections officers may receive their back pay, but the county would get the $250,000 back through collective bargaining. When it dismissed the claim, the court did not rule as to whether the threat to take retaliatory action during collective bargaining was the same as actually taking action when it comes to retaliation.
Contract Dispute or Wage Violation
According to the federal judge, the correction officers’ claim of failure to pay for all the time the officers worked is a factual issue under the FLSA, not an issue of contract. This means the corrections officers are not claiming their employment contracts violated any laws. They are claiming that not receiving pay for the time they are contractually required to attend work violates the FLSA.
In many cases, employment contracts still affect whether employees can bring a wage or overtime lawsuit in court. Arbitration agreements are often included in employment contracts, and generally require all disputes between the employee and the employer to go through arbitration. So long as there is no evidence of coercion, state and federal courts typically enforce arbitration agreements. Apparently, the arbitration agreement in the corrections officers’ employment contract does not apply in this case.
It is always important to read employment contracts prior to signing them. Whether your employment contract contains an arbitration agreement or not, if you believe you were denied proper wages and overtime pay, contact our experienced team of overtime pay lawyers today. Call us to discuss your situation for free at (855) 754-2795 or complete the Free Unpaid Overtime Case Review form. If we accept your case, under our No Fee Promise, you will pay no legal fees or costs unless you receive a settlement.