Wisconsin Supreme Court allows corrections officers’ pay lawsuit to proceed collectively.
The state’s highest court has ruled that corrections officers across Wisconsin can move forward together in a legal case over pay, after a years-long dispute about whether time spent on tasks before and after a shift should be counted as work. The officers say those tasks—such as going through security, putting on protective gear, and checking in with incoming coworkers—are mandatory and should not be unpaid. These actions happen at prisons throughout the state and are part of the daily routine for thousands of corrections staff.
The case began in 2020, when a group of corrections officers filed a lawsuit against the Wisconsin Department of Corrections. They argued that they were losing money because they were required to do certain duties before clocking in and after clocking out. Those duties, they said, are part of the job and should be compensated like any other work. The officers are seeking both standard wages and overtime pay for this time.
The issue of whether this work should be paid is still to be decided. But the new ruling from the Wisconsin Supreme Court settles one question: whether the officers can proceed as a group. Five out of seven justices agreed that the officers have enough in common for their case to be handled as a class action. This decision overturns a previous ruling by a lower appeals court, which said the officers should bring their cases individually.
The Department of Corrections disagreed with treating the workers as one group. Lawyers for the state said that officers work in many different prisons and may have very different experiences. They gave examples of how long it takes some officers to reach their posts—one might get there in a minute, while another might need half an hour. But lawyers for the workers pointed out that all officers must pass through security and respond to emergencies, no matter what prison they are in or how long it takes to get to their station.
The high court’s ruling states that these shared conditions are enough to justify a class action. Justice Janet Protasiewicz wrote the majority opinion, saying that the issue involves a state policy affecting thousands of employees and can be handled more easily as a single case. She made clear that the decision does not settle whether the workers are owed back pay—only that their claim can be brought as a group.
The majority included the court’s liberal justices as well as conservative Justice Brian Hagedorn. Two other conservative justices, Rebecca Bradley and Annette Ziegler, did not agree fully with the decision. They argued that the case raised questions that a lower court should answer first.
A spokesperson for the Department of Corrections said the agency is still reviewing what the decision means for its operations and staff. Meanwhile, lawyers representing the officers said they are ready to move forward and bring the case to trial.
In a joint statement, the law firms representing the workers said corrections officers handle difficult and dangerous jobs, and it is wrong to make them work off the clock. They stressed that the officers form the largest public safety force in the state and deserve to be treated fairly.
This case now returns to a lower court, where the actual question of whether the officers are owed back pay will be heard. For now, the ruling marks a step forward for corrections officers who believe the state has overlooked the full scope of their work.
Sources:
Corrections officers can pursue class action suit over pay, Wisconsin Supreme Court rules
Wisconsin Supreme Court reinstates corrections officers’ class action lawsuit
