Hodge et al. v. North Carolina Department of Public Safety et al.

DiCello Levitt and co-counsel represent a certified class of more than 16,000 current and former North Carolina correctional officers and sergeants in a wage and hour lawsuit alleging the State failed to pay them for all hours worked, including straight-time and overtime hours spent performing required pre-shift and post-shift work inside correctional facilities.

In March 2026, the United States District Court for the Eastern District of North Carolina denied the State’s motion for summary judgment and granted partial summary judgment for plaintiffs on liability. The Court held that correctional officers’ principal duties include constant vigilance and readiness to respond to emergencies, and that this compensable work begins when officers enter prison facilities—not only when their scheduled shifts officially start. In June 2026, the Court denied the State’s bid for an immediate appeal, finding that the case was nearing conclusion and should proceed toward final resolution before any appeal.

Key Court Decisions

• February 2024 — Class Certification: The U.S. District Court for the Eastern District of North Carolina certified a class of more than 16,000 current and former correctional officers, allowing the unpaid wage claims to proceed on a statewide class basis.
• March 2, 2026 — Partial Summary Judgment on Liability: U.S. District Judge Terrence W. Boyle denied the State’s motion for summary judgment and granted partial summary judgment for plaintiffs on liability. The Court ruled that correctional officers must be paid for all compensable time spent inside prison facilities, including pre-shift and post-shift time when they are required to remain alert, vigilant, and ready to respond to emergencies.
• March 2, 2026 — Damages Issues Narrowed: The Court rejected the State’s attempt to offset alleged overpayments against unpaid wages, directed the State to provide updated payroll and swipe-in data, and held that damages calculations must include non-opt-in class members. The case proceeds on damages.
• June 2, 2026 — Immediate Appeal Denied: The Court denied the North Carolina Department of Adult Correction’s request to immediately appeal the liability ruling before final judgment. Judge Boyle found that the case had been pending for more than six years, was nearing conclusion, and could be appealed in full after final judgment. The ruling keeps the case moving toward damages and final resolution in the district court.

Case Overview

DiCello Levitt and co-counsel represent more than 16,000 current and former North Carolina correctional officers and sergeants in a statewide wage and hour lawsuit alleging they were not paid for all compensable time worked inside state prison facilities.

Filed in October 2019, the lawsuit asserts claims under the Fair Labor Standards Act (FLSA) and North Carolina contract law. Plaintiffs allege that correctional officers performed required pre-shift and post-shift work—including remaining alert, vigilant, and ready to respond to emergencies—without receiving straight-time or overtime pay for that work.

In February 2024, the United States District Court for the Eastern District of North Carolina certified a class of more than 16,000 current and former correctional officers.

On March 2, 2026, U.S. District Judge Terrence W. Boyle denied the State’s motion for summary judgment and granted partial summary judgment for plaintiffs on liability. The Court held that correctional officers’ principal duties include constant vigilance and readiness to respond to emergencies and that compensable work can begin when officers enter prison facilities, rather than only when their scheduled shifts begin.

The Court also rejected the State’s argument that the unpaid time was too minimal to compensate and ruled that plaintiffs could pursue their North Carolina contract claims alongside their FLSA claims. Although damages were not fully resolved, the Court narrowed the remaining issues and directed the State to provide updated payroll and swipe-in data for damages calculations.

The North Carolina Department of Adult Correction later sought permission to immediately appeal the liability ruling. On June 2, 2026, the Court denied that request, concluding that the case should proceed toward final resolution before any appeal.

With liability established, the case continues on damages. DiCello Levitt and co-counsel continue to pursue compensation for correctional officers and sergeants who allege they were required to work without full pay inside North Carolina correctional facilities.

This case is Hodge et al. v. North Carolina Department of Public Safety et al., Case No. 5:19-cv-00478, in the United States District Court for the Eastern District of North Carolina. The DiCello Levitt team is led by Adam J. Levitt and Daniel R. Schwartz and includes Eaghan Davis.