Cacace v. Seniuk, 104 Misc. 2d 560
While somewhat a novel way to have overtime work performed, the Court in Cacace held that correction officers compelled to work overtime were not denied their constitutional rights. Although locked up in the jail, as they were during normal working hours, and denied the ability to leave without permission, such action was held to be within the power of management.
The fact that the employees had received overtime pay or compensatory time off for the overtime, together with a view that such a procedure was a reasonable and necessary limitation on the correction officers, was enough to support for the Court to hold that correction officers were not entitled to injunctive or declaratory relief.
The Court also found that section 161 of the Labor Law was not applicable to correction officers.
