Employment — wage claims — attorney fees

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Wisconsin Court of Appeals

Civil

Employment — wage claims — attorney fees

American Concrete Leveling Corporation appeals the judgment and order entered after a jury found that American Concrete owed Blaine E. Goldner $31,000 for unpaid wages and that Goldner did not breach his duty of loyalty to American Concrete when he helped a competitor by going to five or six customers’ homes to give basement repair estimates because the competitor had a foot injury that prevented the competitor from doing the estimates. Post-trial, the circuit court granted Goldner’s request for lawyer’s fees and expenses, allowed under Wis. Stat. § 109.03(6), for prevailing on his wage claim, and ordered American Concrete to pay a $5,000 penalty, under Wis. Stat. § 109.11(2)(a), for not paying Goldner’s wages.[1] American Concrete challenges only the lawyer’s fees and penalty that the trial court ordered, arguing: (1) the fees should have been limited to time spent on the wage claim; (2) the fees awarded should have been reduced for what it contends was the “substantial overtrial by Goldner”; and (3) the trial court should not have ordered American Concrete to pay a $5,000 penalty. We affirm. Publication in the official reports is not recommended.

2013AP2077 Goldner v. American Concrete Leveling Corp.

Dist I, Milwaukee County, Foley, J., Fine, J.

Attorneys: For Appellant: Schulz, Leonard W., Big Bend; For Respondent: Fredrick, Kristin Posekany, Brookfield