CoreCivic Correctional Officer Sues Over ‘Substantial’ Pre-Shift Off-the-Clock Work

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CoreCivic, Inc. is the defendant in a proposed collective action filed by a former correctional officer who claims he and others were required to perform substantial off-the-clock work for the defendant without commensurate pay.

The defendant, which provides private prison services across the nation, allegedly required hourly correctional officers to wait in line at an equipment booth to receive their pepper spray before entering the “briefing room” for a pre-shift meeting. Only after the briefing was over were the officers permitted to clock in for their shifts, the case attests. This pre-shift off-the-clock work typically lasted 30 to 45 minutes and went unpaid, according to the suit. The plaintiff argues that CoreCivic intentionally ignored the Fair Labor Standards Act’s (FLSA) overtime wage requirements and employed this alleged practice to avoid paying officers premium time-and-a-half wages. From the complaint:

“Rather than place the time clock at the entrance to the facility for the Plaintiff and FLSA Class Members to use, Defendant placed the time clock inside its ‘briefing room’ so that the Plaintiff and FLSA Class Members could only clock in after completing substantial pre-shift work.”

After their shifts were over, the case continues, correctional officers were again required to “stand in line uncompensated to return their pepper spray and equipment.”

Originally filed in Maryland, this case has recently been removed to the District Court for the Middle District of Tennessee.