Claim for Unpaid Wages

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Civil

WI Court of Appeals – District IV

Officials: Kloppenburg, P.J., Lundsten and Sherman, JJ

Claim for Unpaid Wages

2014AP2602 Paul J. Mertz v. Wisconsin Department of Workforce Development

Paul Mertz appeals a circuit court order that affirmed a decision of the Department of Workforce Development (DWD) dismissing Mertz’s claim that he was entitled to unpaid wages for activities he performed as a correctional officer with the Department of Corrections (DOC). The circuit court determined that the DWD’s factual findings were uncontested and that those facts supported the DWD’s decision that Mertz was not entitled to the additional compensation he sought. Mertz contends that: (1) Mertz challenged the DWD’s factual findings in his circuit court briefs; (2) the DWD’s factual findings were not supported by substantial evidence; (3) Mertz was involved in “law enforcement” activities during the time for which he sought compensation; (4) the activities were compensable under the law; and (5) the DWD’s decision to deny Mertz’s claim for compensation was contrary to its own rule. We conclude, first, that the DWD’s factual findings are supported by substantial evidence in the record. We then conclude that Mertz was not engaged in compensable activity during the time for which he sought unpaid wages. We affirm.

Decision

Affirmed. Per Curiam

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.