Class Certification- Portal-to-Portal Act

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WI Court of Appeals – District I

Case Name: Nicole McDaniel v. Wisconsin Department of Corrections

Case No.: 2022AP001759

Officials: Gundrum, P.J., Grogan and Lazar, JJ.

Focus: Class Certification- Portal-to-Portal Act

The Court of Appeals reversed the circuit court’s order certifying a class of current and former Department of Corrections (DOC) employees seeking compensation for time spent undergoing security checks and walking to and from their work posts. The primary issue was whether class certification was appropriate. The Court of Appeals concluded it was not, as the legal basis for the proposed class’s recovery had been rejected by law.

The plaintiffs, Nicole McDaniel and David Smith, argued that DOC employees should be compensated for pre-shift and post-shift activities, including waiting for and passing through security checkpoints and walking to their work posts. The circuit court certified the class, deeming the plaintiffs’ legal theory plausible.

However, the Court of Appeals noted that under the Portal-to-Portal Act and relevant Wisconsin law, such activities are considered “preliminary” or “postliminary” and are not compensable. The U.S. Supreme Court’s decision in Integrity Staffing Solutions, Inc. v. Busk (2014) established that activities like security screenings are not compensable because they are not integral and indispensable to the employees’ principal work activities. Applying this precedent, the Court of Appeals found that the plaintiffs’ claims did not meet the commonality and typicality requirements necessary for class certification under Wisconsin law.

Since McDaniel and Smith could not demonstrate a valid legal basis for their claims, the class certification was deemed improper. The Court of Appeals reversed the circuit court’s order, effectively dismissing the class action suit.

Reversed.

Decided 05/15/24

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