Wage and Hour

Two employees were reinstated to their employment with the Department of Corrections by the State Personnel Board (the Board) after they successfully challenged their dismissals. The Board awarded them backpay and benefits including merit salary adjustments (MSAs) and physical fitness incentive pay (PFIP), and offset that award with the amount of money they had earned from other employers, not including overtime pay, during the four-year period between their dismissals and their reinstatements. The Board also ruled that one of them should be compensated at salary range “K,” which he had not yet qualified for at the time of his dismissal. Issues concerned whether the offset should have included overtime pay and the use of the "K" salary range.

Plaintiffs brought a wage and hours action brought against defendant company and its principals. Issues included: whether the company complied with state minimum wage and overtime requirements; (2) was there a failure to provide rest breaks; (3) was the company liable for restitution or for penalties; and (4) was there a cause of action for a civil rights violation?