Nicole McDaniel is an hourly employee of the Wisconsin Department of Corrections (DOC). McDaniel filed a wage and hour claim against the DOC and moved to certify a class of plaintiffs similarly aggrieved. McDaniel argued that the DOC improperly withheld payment from its employees, including her, by failing to compensate them for “pre-shift and post-shift activities, comprised of waiting in line for and passing through security checkpoints, getting post assignments and equipment, and walking to and from work posts.” The DOC argued that the proposed class was inappropriate because several of the activities identified by McDaniel were specifically excluded from compensation by federal and state statute, “such as walking to a post or waiting in line to pass through security.” The Court certified the class, finding that McDaniel asserted a “plausible” theory that the proposed members were entitled to damages as alleged. The DOC appealed.
Wisconsin law requires that a plaintiff prove the following before a class certification may be granted: “(1) The class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.” The Court analyzed (2) and (3), finding that McDaniel failed to prove that there are questions of law or facts common to all employees of the DOC. More specifically, the Court determined that McDaniel did not prove that “pre-shift security screening and walking to and from the assigned work post” are compensable, principal activities under federal and state law. It pointed to several federal court decisions finding that time spent waiting to pass through security screenings was not compensable.
Having determined that McDaniel essentially failed to state a claim for relief, the Court concluded that she “can point to no ‘questions of law or fact common to the class’ regarding activities at the start and end of the compensable workday. Nor can she identify viable ‘claims or defenses typical of the claims or defenses of the class.’” The Court reversed the certification of the class.
McDaniel v. Wisconsin Department of Corrections, Appeal No. 2022AP1759, 2024 WL 2168148 (Ct. App. Wis., 2024).