Hootselle, et al. v. Missouri Department of Corrections

Circuit Court for Cole County, State of Missouri - 19th Judicial Circuit
Case No: 12AC-CC00518-01

Update: The second payment distribution has been moved back to April 2023. We do not have the exact date or the second payment amount. The second payment will consist of 20% of the Net Settlement Amount plus the aggregate amount of the unclaimed, undeliverable, or uncashed settlement checks from the first distribution payments. Therefore, we have to wait until the checks from the first distribution payments expire before proceeding with the second distribution.

The first distribution payments went out on November 18, 2022. Enclosed with each check is a cover letter and claim form that contains your CPT ID and passcode. Your CPT ID and passcode may be used to file a claim online to dispute the number of months worked during the class period.

Due to the high volume of calls, please email mdocsettlement@cptgroup.com for inquiries regarding check amount or address changes.

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.

The Settlement includes all Corrections Officers I and II employed by MDOC between August 14, 2007 and July 7, 2022, except as otherwise specified.

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.

Your Options Under the Settlement

The Claims Administrator will make initial distributions to Settlement Class Members. You may thereafter submit a Claim Form challenging or seeking reconsideration of that initial cash payment.
Defendant MDOC will compensate current and future Correction Officer I and II’s an additional 15 minutes per shift (not to exceed 15 minutes in any 24-hour period) beginning July 1, 2022 for 8 years through June 30, 2030 for pre- and post-shift activity. This time will be applied on the employees next regular pay cycle and if that compensation constitutes overtime under Defendant MDOC’s compensation policy for that officer, the payment will be at time and a half.
Request to be excluded and get no benefits from the Settlement. This is the only option that allows you to start or continue your own lawsuit against the Defendant for the claims at issue in the Settlement to the extent they aren’t barred by applicable law or a prior Court ruling.
Write to the Court about why you do not like the Settlement.
Ask to speak in Court about the fairness of the Settlement.
You may receive a cash payment and may receive the additional future compensation. Give up any rights you might have to sue the Defendant about the claims resolved by the Settlement.