Federal Court Rules Correctional Officers Must Be Paid for All Time Worked Inside Prisons

A federal judge in the Eastern District of North Carolina has entered partial summary judgment in favor of a certified class of correctional officers and correctional sergeants (“correctional officers” for short), resolving the core merits issues in the case and leaving the issue of damages for future determination.

The case centers on when a correctional officer’s workday begins and ends. Once officers enter a prison facility, they must remain alert, maintain security, and be ready to respond to emergencies anywhere in the institution. This responsibility applies regardless of whether an officer has formally reported to lineup or taken a specific post. Accordingly, Plaintiffs argued that correctional officers should be paid for all the time they spent inside prisons performing their core duty.

The State of North Carolina Department of Adult Correction took a different position. It argued that officers’ compensable workday begins later—when they report to lineup or are formally assigned to their posts. According to the State, time spent inside the facility before those events occurs outside the compensable workday.

The dispute raised a central question: when does an employee’s “principal activity” begin?

Under federal wage law, once an employee begins a principal work activity, the “continuous workday” rule requires employers to compensate employees for the time that follows until the workday ends. Determining when that first principal activity begins and ends became a central issue in the case.

After full briefing and oral argument on the State’s motion for summary judgment, the Court issued a notice of intent to deny the State’s motion for summary judgment and to grant summary judgment in favor of Plaintiffs. After additional briefing, the Court concluded that the officers’ obligation to remain vigilant and prepared to respond to emergencies is integral to their principal duties and thus begins the continuous workday.

Because of that responsibility, the Court held that officers begin performing compensable work the moment they enter the prison facility.

The ruling resolves liability for the certified class of North Carolina correctional officers. The case will now proceed to determine the damages owed for unpaid time worked.

“This case illustrates the importance of guiding a case with conviction and focus” says Patrick Wallace. “My co-counsel and I continued to press this case forward despite significant headwinds and delays. We are grateful that the Court recognized the unremarkable truth that people deserve to be paid for their work.”

The decision has drawn national attention and was recently covered by Law360.

Patrick Wallace argued the motion on behalf of the plaintiffs.