By Top Class Actions  |  March 29, 2023

Category: Labor & Employment
A correctional officer walking the halls of a jail
(Photo Credit: Bigflick/Shutterstock)

Nevada correctional officers wage dispute settlement overview: 

  • Who: The state of Nevada agreed to pay $55 million to resolve claims brought against it by state correctional officers.
  • Why: The settlement resolves claims Nevada failed to compensate the correctional officers during required off-the-clock tasks, including shift briefings and uniform inspections.
  • Where: The class action lawsuit was filed in Nevada federal court.

The state of Nevada agreed to pay $55 million to resolve claims it undercompensated the off-the-clock work of its correctional officers. 

The class action settlement ends a complaint filed nearly a decade ago in June 2014 by a group of correctional officers arguing Nevada’s Department of Corrections failed to properly compensate them.

The Nevada correctional officers claimed the state failed to pay them during required pre- and post-shift briefings and while undergoing uniform inspections — all allegedly off the clock. 

The federal judge overseeing the class action settlement approved of the settlement agreement, ruling it represents “a significant value to the class members.” 

“The settlement at this time will avoid additional substantial costs, as well as avoid the delay and risks that would be presented by the further prosecution of the action,” U.S. District Judge Miranda M. Du says. 

Settlement will benefit around 5,400 Nevada correctional officers

Under the terms of the settlement, a class of around 5,400 Nevada correctional officers will be able to receive about 18.5 minutes in unpaid overtime wages for each shift they worked.

One-third of the settlement funds will go toward attorney fees, while the seven named plaintiffs will each receive service awards of $20,000 each, according to the class action settlement. 

Nevada had been accused by the correctional officers of violating the Fair Labor Standards Act (FLSA) and state wage laws. A previous decision by the state to remove the complaint to a federal court ensured it could not escape liability under the FLSA, Law360 reports. 

The Missouri Department of Corrections agreed to pay $49.5 million in a similar class action settlement in August to resolve claims it forced its officers to perform off-the-clock work

Has your employer required you to complete off-the-clock work? Let us know in the comments! 

The plaintiffs were represented by Mark Thierman, Joshua Buck, Leah Jones and Joshua Hendrickson of Thierman Buck LLP and Christian Gabroy and Kaine Messer of Gabroy Messer Law Offices.

The Nevada correctional officers wage dispute class action lawsuit is Walden, et al. v. State of Nevada, et al., Case No. 3:14-cv-00320, in the U.S. District Court for the District of Nevada.


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2 thoughts on$55M Nevada correctional officers settlement to end wage-and-hour dispute

  1. Kenneth C. Strong says:

    I have worked for Corrections in the state of Utah for 40 years. For the past 40 years the department has scheduled staff to work 84 hours per pay period (every two weeks) and not paid overtime until after 86 hours worked. They kept stating that they are allowed two pay that way because of the Federal Fair labor standards act allows that. I think that is outside of why the act was written and its allows for a police officer to finish a report, closeout a call and transport people to jail finishing work that was started during their shift. Previous directors ignored any change to this until recently. They now pay everything over 80 hours worked. Prior to this they would schedule you to work 84 hours and compensate at straight pay. Is this a situation that you would be interested in helping the Officers in Utah collect back wages. Every staff was mandatory to work overtime due to staff shortages. This back pay amount would be huge for a settlement. Can we talk about this? We are looking for some Attorney who is current on this law and may determine if we have a case. thanks

  2. Christopher Woods says:

    I worked at High desert state prison in 2007

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