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CO wins labor complaint
By fdlreporter.com
Published: 07/19/2013

MADISON — A complaint filed by a corrections officer against the Department of Corrections could abolish a new statewide policy that determines the official start time of a prison worker’s shift.

Paul Mertz, a seven-year veteran at Redgranite Correctional Institution alleged that the DOC denied him and co-workers pay for pre-shift activities and preparation for his job. According to a new policy instituted by the DOC on March 11, 2012, employees were considered “on the clock” only when reaching their official post.

The Department of Workforce Development ruled in Mertz’ favor and ordered the DOC to compensate him for lost pay and to change the official start time for all officers at the institution beginning next month.

Mertz told a DWD complaint examiner that the DOC was denying officers’ pay for time spent attending roll call, equipping themselves with safety and security equipment, moving through security checkpoints at the institution, coordinating with previous and next-shift colleagues and being prepared to respond to calls for action once on the institution’s premises.

A yard patrol/perimeter officer, Mertz estimated that his pre- and post-shift activities accounted for 17 to 25 minutes per day, according to the complaint. Mertz was demanding wages from March 11, 2012 to the present.

The DOC argued that his check-in time is a “preliminary” activity akin to changing clothes, washing or showering, and waiting in line to receive paychecks.

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