San Francisco Superior Court Judge Andrew Cheng has tentatively approved a $155 million settlement for over 10,000 current and retired prison supervisors throughout the state. The settlement was filed on behalf of employees who argued they were entitled to compensation for tasks and other job duties they performed before and after their shifts.
Originally filed in 2008, the settlement ends a nearly 15-year back-and-forth battle between the California Correctional Peace Officers Association and the Department of Corrections and Rehabilitation.
The class-action lawsuit was filed by the Messing, Adam & Jasmine law firm on behalf of at least 10,000 members belonging to the California Correctional Peace Officers Association (CCPOA). To date, the CCPOA is the second-largest union throughout the state with roughly 27,000 officers.
As part of the suit, the four named plaintiffs argued that they were owed unpaid overtime wages for work activities that took place before and after their shifts started. Included in these activities were picking up tools, security searches, briefings, and other pre and post-supervisory responsibilities and work duties.
In 2013, the case went to trial but the claims were dismissed. The lawsuit was reinstated in 2016 after the plaintiffs appealed. Both parties went on to petition the California Supreme Court. In a 2019 ruling in a separate case, the state supreme court ruled that while prison guards, represented by the California Correctional Peace Officers Association, could not sue for added wages, those who were not represented by the unions could. As a result, qualifying plaintiffs were able to move forward with their claims.
As part of the settlement, the Department of Corrections and Rehabilitation has agreed to pay back $155 million to qualifying current and former prison guard supervisors. Claims of unpaid wages will be allowed to date back to April 2005.
The CCPOA president Glen Stailey welcomed the settlement, sharing that after nearly 15 years, “It restores some lost compensation to our members that they deserve.”
Vicky Waters, the spokeswoman for the California Department of Corrections and Rehabilitation, also shared a statement explaining, “The department values its staff and their hard work. CDCR has reached a proposed settlement, and we look forward to a final resolution in this matter.”
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