01-2479 Taylor v. Cress Funeral Service Inc.

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John Taylor appeals a small claims judgment entered in his favor against Cress Funeral Service, Inc. The judgment awarded Taylor $1,184 for unpaid wages, together with costs and statutory attorney fees. Taylor claims the trial court erred in concluding that Cress did not violate Wisconsin’s wage payment statute, Wis. Stat. § 109.03 (1999-2000). Taylor further claims the trial court erred in determining in the alternative that, even if Cress had violated the statute, a penalty should not be imposed on Cress under Wis. Stat. § 109.11(2)(b), and Cress should be ordered to pay only a portion of Taylor’s actual attorney fees.

We conclude the trial court erred in ruling that Cress did not violate Wis. Stat. § 109.03, but it did not erroneously exercise its discretion in denying a penalty payment and in awarding attorney fees in the amount of $935.

Accordingly, we reverse the appealed judgment and remand with directions to enter an amended judgment which includes the attorney’s fees the trial court deemed reasonable.

This opinion will not be published.

Dist IV, Dane County, Albert, J., Deininger, J.

Attorneys:

For Appellant: Lawrence Bensky, Madison

For Respondent: Jeanette C. Lytle, Madison