NEWARK — More than 100 former New Jersey State corrections officers are suing the New Jersey Civil Service Commission (CSC) and Department of Corrections (DOC) for improperly withholding pay. The corrections officers in this lawsuit chose to opt-out of a recent $6 million overtime class action settlement between the CSC and its corrections officers. They are pursuing their state claims separately from the earlier class action.
The Original Lawsuit
The original class action lawsuit reached a settlement in January 2010, but was not finalized until May 2013.The settlement offer applied to about 5,000 corrections officers. The corrections officers were part of a pilot training program. They believed they were misclassified as “trainees” during the training program. As trainees they did not receive the same pay or benefits as a full-time employee. The corrections officers believed they should have been considered employees and should have received the benefits and pay of a full-time employee. Those who opted into this $6 million settlement received back pay and benefits.
The Current Lawsuit
The current lawsuit applies only to those who opted out of the original lawsuit’s settlement. It addresses CSC’s alleged violation of New Jersey state law. State law limits training programs to one year. The CSC created a pilot program to train corrections officers that was, by design, to be temporary, lasting only 14 weeks. However, the lawsuit claims the CSC allowed the DOC make the program permanent, which allowed the DOC to classify and pay the corrections officers as trainees and not employees.
In this lawsuit, the corrections officers are seeking back pay, an order for the CSC and DOC to amend their employment records to show they were officially employed by the state, and for the court to confirm that they were employees when then entered the training program.
Opt-in or Opt-out
Most class action overtime lawsuits end in a settlement prior to going to trial. All of the potential class members are given notice of the settlement. The notice provides the class members with important information about the settlement and their rights. One of those rights is the ability to either opt-in or opt-out of the settlement. Opting in means the class member will receive a portion of the settlement amount, but will waive their right to further legal actions on the matter. Opting out, on the other hand, prevents the potential class member from receiving any benefits from the settlement. But it does allow the class member to bring their own lawsuit, as long as it is brought within the proper amount of time to meet the statute of limitations.
Determining if you have been misclassified or whether to opt-in or opt-out can be complicated. Contact our experienced team of overtime pay lawyers today at (855) 754-2795 or complete the Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your situation. If we accept your case, our No Fee Promise means there are no legal fees or costs for you unless you receive a settlement. There are strict time deadlines for filing lawsuits so it is important to contact an attorney immediately.