Posted on Thu, Jul. 10, 2008
Chester County is on the hook for $1.25 million for failing to pay overtime to more than 200 corrections officers at its prison over two years, according to court records.
A settlement last month in a federal class-action lawsuit filed by several corrections officers calls for the county to reimburse the workers for their time, and for the county to comply with state and federal wage and hour rules.
According to court records, guards at the county prison were paid for an eight-hour shift, but were expected to report early for roll call and stay late to complete paperwork without pay.
The county denied that it had done anything wrong, the settlement states. Workers, however, have another view.
"If you were late clocking in for roll call but before your shift started, you would get disciplined but not paid," said former corrections officer Kevin Cruickshank, one of the plaintiffs.
Cruickshank, 26, of Honey Brook, said the situation had rankled him from his first day at the facility in October 2004. When the lawsuit was taking shape, he was more than ready to sign on, he said.
The suit, which accused the county of violating the federal Fair Labor Standards Act, was filed in August and covered March 1, 2006, to Feb. 29, 2008. The settlement, which avoids a jury trial, was approved June 23.
The plaintiffs' attorney, Martin J. Sobel, and county officials declined to comment, saying a joint news release would be issued in the next few days.
A 2003-05 federal investigation into work rules at the prison, which the county used as an exhibit in this case, offers a partial explanation for its position.
In its report, the U.S. Department of Labor's Wage and Hour Division noted: "The correction officers are required to be at roll call 10 minutes before the start of their shift, and they work approximately five minutes after their shift to pass on information to the next shift. This time is offset by the 20- to 30-minute paid lunch break that each officer takes in the correction officers cafeteria."
The federal agency concluded there were no violations.
The settlement calls for workers to be reimbursed for 1.5 hours per week at the overtime rate of $22.50 for each week they worked during the two years. Someone who worked for the entire two years would be entitled to the maximum of $3,510.
The three named plaintiffs, Jessica Ayres, Tanya Deaver and Aaron Salisbury, will receive an additional $2,500 each for the "substantial services" they preformed for the benefit of their coworkers, according to the settlement.
Ayers wrote in an e-mail that a gag order prevented her from commenting. The other two did not return calls.
Additionally, the court awarded attorneys' fees of $509,291.26, and set aside $20,000 for the settlement administrator, Administar Services Group L.L.C.
Cruickshank, now a security guard and private investigator, said he was fired in September after receiving a poor evaluation that he felt was due in part to his participation in the lawsuit.
"I care, but I don't care," he said. "I'm a lot more happier than I was."
Contact staff writer Nancy Petersen at 610-696-4932 or npetersen@phillynews.com.
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