McDaniel, et al. v. Wisconsin Department of Corrections

 STATE OF WISCONSIN, MILWAUKEE COUNTY CIRCUIT COURT

If you are a current or former non-exempt, hourly-paid employee of the Wisconsin Department of Corrections who worked as security personnel in a correctional institution (“CO”) between August 4, 2018 and the date of judgment, your rights may be affected.

  • A lawsuit has been filed by Nicole McDaniel, David Smith and Matthew Davis (the “Plaintiffs”) against Wisconsin Department of Corrections (“WDC”) (the “Defendant”).
  • Plaintiffs allege that the Defendant is required to pay, and has not paid, COs straight time and overtime compensation owed for their mandatory pre- and post-shift activities performed at WDC facilities.
  • The Court has allowed this lawsuit to be a class action on behalf of everyone who meets the above definition.
  • The Court has not decided whether the Defendant did anything wrong. There is no money available now and no guarantee that there will be. Your legal rights are affected, however, and you have a choice to make now as described in the below table.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
DO NOTHING Stay in this lawsuit. Await the outcome. Give up certain rights.

By doing nothing, you automatically remain a class member in the lawsuit and keep the possibility of getting money or benefits that may come from a trial or settlement. You will give up any rights to separately sue the Defendant about the matters involved in this lawsuit and will be bound by the result of the lawsuit, whether favorable or unfavorable.
ASK TO BE EXCLUDED Get out of this lawsuit. Receive no benefits from it. Keep rights to sue.

If you ask to be excluded and money benefits are awarded later, you will not share in those benefits, but you will keep any right to separately sue the Defendant about the same matters in this lawsuit and will not be bound by the result of this lawsuit, whether favorable or unfavorable.
  • Your options are explained in the Notice. To ask to be excluded, you must act before March 2, 2026. To remain a Class Member, you do not need to do anything.
  • If this case is not dismissed, resolved by motions, or settled before trial, Plaintiffs must prove the claims against the Defendant at a trial. If money or benefits are obtained from the Defendant, you will be notified about how you may obtain a share.
  • Any questions? Additional court documents concerning this case are located here.