As reported by nj.com, New Jersey will soon begin shelling out millions of dollars in back pay to thousands of current and former corrections officers who participated in a training program that was approved for only a year but lasted a decade. The settlement, reached in May after years of litigation, is expected to benefit about 3,900 officers, each of whom will receive nearly $1,200.00. In total, the agreement will cost the State about $6 million.   

The settlement ends a dispute over a program the State began in January 1998, when it changed the way in which newly hired corrections officers were trained. Before then, officers received an on-the-job education while working in a correctional facility and earning a regular salary. But, under the pilot program, new employees, who held the title “student/trainee,” spent 12 weeks at the State Police Academy in Sea Girt and the final two weeks at a correctional facility. The trainees earned a stipend of no more than $300 a week.

The program was approved by the State for a year and could have been made permanent through the State’s rule-making process. But that did not happen.

The Department of Corrections had the title student/trainee certified in 2009 after a lawsuit was filed challenging the legitimacy of the pay rate. The program has since been changed, said Matthew Schuman, a spokesman for the Department. New corrections officers are now called “apprentices” while attending the training academy, Schuman said, and are paid $650 a week. Once the new employees graduate, he said, they become “correction officer recruits” and earn about $770 a week.

The settlement between the State and the former recruits will not cover the difference between the $300 stipends and an actual starting salary, a payout that would cost the State tens of millions of dollars.

Lance Lopez, Sr., the president of the Policemen’s Benevolent Association Local 105, which represents corrections officers in New Jersey, said that his members were not pleased with the settlement, but it was time to worry about other things. “I think everybody agrees that they should probably be receiving more than what the settlement was, just because it was the right thing to do, Lopez said. “I guess, at this point, we’re just going to move forward and deal with the situation we have.”

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.