By Beth Musgrave
bmusgrave@herald-leader.com
The city has settled a lawsuit about overtime pay for more than 300 current and former Fayette County Detention Center corrections officers.
The details of the settlement — including the total amount — will not be made public until a hearing next week before U.S. District Judge Jennifer Coffman, who must approve the agreement.
Attorney Tom Miller, who represents the corrections officers, confirmed Thursday that the lawsuit was settled earlier this month.
The lawsuit alleges that the city engaged in longstanding, widespread and multiple violations of the federal Fair Labor Standards act and the Kentucky Wage and Hours Act.
Corrections officers were often asked to perform job duties while on their 20-minute lunch breaks but were not paid for the breaks. Officers also were not paid if they had to come in early or had to stay after their eight-hour shifts. Some higher-ranking officers at the jail were required to take compensatory time — additional hours off — instead of overtime.
As part of the settlement, the jail must change its policies to pay people for their lunch breaks if they are required to work, Miller said.
The city had argued that it had not knowingly violated any federal or state labor laws. But the city lost on several key motions — including whether the case could be opened to all current and former jailers.
Eventually, 316 current and former corrections officers joined the lawsuit. Those officers will receive some compensation for previously worked overtime. The formula for providing back pay has not yet been made public.
Susan Straub, spokeswoman for Mayor Jim Newberry, declined to comment on the settlement.
The settlement is just one of many legal troubles surrounding the Fayette County Detention Center. Earlier this year, four current officers and one former officer were indicted on charges that they beat inmates at the facility and then covered it up.
Also, the jail has been named in several civil lawsuits filed by former inmates who allege abuse at the hands of guards.
Miller said the settlement is final but must be approved by Coffman. A hearing is scheduled for Sept. 4 in federal court in Lexington.
Miller said corrections officers are finally getting what has long been due.
“These are people that are educated, dedicated, hard-working, loyal, underpaid and very smart. They do a job that I could never do myself,” Miller said. “That’s the reason that my law firm accepted this job. It’s because we believed in the people, and we believed in their cause.”
This is a big hit for the taxpayers of Lexington to take because of mismanagement at the jail. Better get used to it, though. Keeping the current administration in place is going to get very expensive.
That’s interesting considering Mayor Newberry is paying tax dollars to fight the Firefighters’ FLSA lawsuit claiming immunity at the same time he’s settling with the Corrections Officers.
The voters need to realize that he’s all about smoke and mirrors to try and make himself look good.
This is a joke. I thought Newberry was the answer for Lexington. He is proving me wrong every day. Get the administration changed in all state held jobs and elected positions and these things might not happen to the citizens of Lexington.
This type of theft has been going on in LFUCG departments for years, to think that corrections is alone is naive. Look into their policies about compensatory time for salaried employees and the Lunch on the Run program. I for one am glad to see that some employees are standing up for their rights and hope that this is the first step in cleaning up our corrupt government.
The amazing thing about this case is the inane defense offered by the LFUCG. “The city had argued that it had not knowingly violated any federal or state labor laws.”
If that is the level of incompetence of this administration, law department and division directors, they all must be fired. The citizens can not be responsible for continued negligence in hiring, training and supervision of employees.
We are now paying hundreds of millions more because of EPA violations and a multitude of other law violations involving sanctuary city status that can cost us more hundreds of millions and jail time for those involved. We the citizens must demand recovery for willful and knowingly violation of the laws from those who do it. Every division has a bulletin board posted that shows the labor laws. This is a knowing and intentional violation of the law that goes to the top Jim Newberry must be held accountable for lax or purposeful violation of the law.
Nothing new here. This was adjudicated and payments made way back in 1978 over the same issues with the jail staff.
Searched overtime lawyer in msn but for some reason found this page.great info