Federal Court Denies State's Request for Immediate Appeal in Correctional Officers Wage Case

A federal court has denied the North Carolina Department of Adult Correction’s request for an immediate appeal of a ruling that found correctional officers must be compensated for all time spent inside prison facilities.

Earlier this year, the United States District Court for the Eastern District of North Carolina granted partial summary judgment in favor of a certified class of correctional officers, holding that officers begin performing compensable work when they enter a prison facility because they must remain vigilant and prepared to respond to emergencies throughout the facilities.

The Department sought permission to immediately appeal that decision before final judgment. The Court denied the request, finding that an immediate appeal would not materially advance the litigation and noting that the case has been pending for more than six years and is nearing conclusion.

The case will now proceed toward a determination of damages for the certified class.