Hootselle, et al. v. Missouri Department of Corrections

Frequently Asked Questions in Missouri Corrections case now that the Court has Approved the Settlement:

When will I get my payment? The first payment was mailed on November 18, 2022, and the second payment will be mailed in April 2023.

How much am I getting? Please email mdocsettlement@cptgroup.com to request your check amount.

Is there a formula I can use to calculate what my settlement will be? No. It is based on your time worked at your wage during the class time divided by the total time and hourly rate of everyone in the class.

I thought it was supposed to be paid out in October/December. Why is it now November/April? The first payment got moved back a couple weeks. For the second payment, we need to wait 120 days under the settlement agreement for the amount of any unclaimed, undeliverable, or uncashed settlement checks to be determined. Therefore, since checks were issued on November 18, 2022, and checks expire after 120 days of issuance, which is March 18, 2023, we believe the second payment would be in April.

Are taxes coming out of my payments? Yes. As agreed in the Settlement Agreement by everyone, the payments to the Class Members are allocated as 50% back-payment of lost wages (taxed via W-2 form) and 50% payment of damages and interest (taxed via 1099 form). We believe this allocation is reasonable. The settlement administrator will issue Class Members a W-2 for 50% of the payments and a 1099 for the other 50% of the payments. The claim administrator is responsible for and will pay any Employer portion of taxes on the Wage portion of the payments to Class Members. No opinion concerning the tax consequences of the Agreement is made to any Plaintiff or Certified Settlement Class Member or will be made by Class Counsel, Defendant, or Defense Counsel; nor is any Party or their counsel providing any guarantee regarding the tax consequences of the Agreement as to any Plaintiff or Certified Settlement Class Member. Each Plaintiff (including Class Counsel) and Certified Settlement Class Member is responsible for his/her/its tax reporting.

I lost my CPT ID and passcode; how do I get a new one? Your CPT ID and passcode can be found on the cover letter / claim form enclosed with your settlement check. Please disregard the CPT ID and passcode you received by email and/or postcard.

What is this Class Action About?

On August 14, 2012, this class action was brought against the MDOC by Plaintiffs Thomas Hootselle, Jr., Daniel Dicus and Oliver Huff, individually and as representatives of all persons who have been employed as Corrections Officers I or Corrections Officers II at any time from August 14, 2007 to July 7, 2022 for claims involving unpaid straight-time compensation and anytime from August 14, 2010 to July 7, 2022 for claims involving unpaid overtime compensation.

Plaintiffs’ Petition alleges that the MDOC does not pay straight-time or overtime wages for pre- and post-shift activities Plaintiffs claim that Correction I and II employees are required to perform before and after every shift. Plaintiffs are requesting the MDOC compensate all class members for those pre- and post-shift activities.