2010AP471, 2010AP472 Nicolai v. City of Whitehall, et al.

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Employment
Wage claims; overtime-exempt employees

Steven Nicolai appeals summary judgments in favor of his employer, the City of Whitehall. Nicolai brought an unpaid wage claim against the City, pursuant to Wis. Stat. § 109.03(5), and also sought a declaratory judgment that the City had misclassified him as an overtime-exempt employee and therefore owed him overtime wages. In the alternative, Nicolai alleged the City breached his employment contract by failing to compensate him for compensatory time it promised him in lieu of overtime. Nicolai also sought equitable relief.

We conclude the circuit court properly granted summary judgment on Nicolai’s § 109.03(5) wage claim, breach of contract claim, and equitable claims. However, summary judgment was improper on Nicolai’s declaratory judgment claim because there are disputed factual issues as to whether Nicolai is an overtime-exempt employee. We therefore affirm in part, reverse in part, and remand for further proceedings on the declaratory judgment claim. This opinion will not be published.

2010AP471, 2010AP472 Nicolai v. City of Whitehall, et al.

Dist III, Trempealeau County, Damon, J., Per Curiam

Attorneys: For Appellant: Steger, Craig R., Decorah, IA; For Respondent: Steffes, Ryan, Eau Claire

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