A group of 35 Mich. prison guards filed a lawsuit against the Department of Corrections, alleging they were not paid for activities that occurred before and after their scheduled shifts.

In the suit, which was filed in July 2013, the corrections officers allege they were not paid for time spent prior to shifts on security checks, uniform inspections, receiving assignments, testing equipment and acquiring reports from guards going off-duty. They also claim the department failed to compensate them for activities following their shifts, including turning in equipment and signing log books. Because these activities are integral to the workers' job duties as a whole, the guards argue these practices are in violation of the Federal Labor Standards Act and the Michigan Minimum Wage Act, according to MLive.

The department has filed a motion to dismiss the lawsuit on the grounds that it violates the Eleventh Amendment because the state has not consented to being sued in federal court. The Amendment dictates that states are immune to actions brought against them in federal courts by citizens, although they can choose to waive this right, a text from the Loyola Law School stated.

The case will be discussed at hearing scheduled for November.

Employers can prevent FLSA-related lawsuits by using time and attendance software and to ensure workers are paid for all required job activities.

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