Please ensure Javascript is enabled for purposes of website accessibility

Employment Law Wage Dispute – ECFA Standard

By: Derek Hawkins//January 30, 2018//

Employment Law Wage Dispute – ECFA Standard

By: Derek Hawkins//January 30, 2018//

Listen to this article

WI Court of Appeals – District IV

Case Name: Christopher Kieninger, et al. v. Crown Equipment Corporation, LLC

Case No.: 2017AP631

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

Focus: Employment Law Wage Dispute – ECFA Standard

Christopher Kieninger and Dewayne Meek, both former employees of Crown Equipment Corporation, appeal the circuit court’s grant of summary judgment in favor of Crown on their Wisconsin wage law claim. Kieninger and Meek are representatives of a class of employees who work, or have worked, for Crown. They argue that the circuit court erred by applying the legal standard from the federal Employee Commuting Flexibility Act (ECFA), a 1996 amendment to the federal Fair Labor Standards Act. They further argue that, under Wisconsin’s wage law, they are entitled to summary judgment.

We agree with the employees that the circuit court erred by applying the federal standard from ECFA. Wisconsin’s wage law lacks language analogous to ECFA, and Crown’s argument for applying the ECFA standard is not persuasive. Therefore, we conclude that the circuit court erred in granting summary judgment to Crown based on the legal standard from ECFA.

However, we do not go so far as to conclude that the employees are entitled to summary judgment because, as we conclude in this opinion, the ECFA standard does not apply. We lack sufficient adversarial briefing on the correct Wisconsin standard and, additionally, we are uncertain whether under the correct standard there might be one or more genuine issues of material fact. Accordingly, we reverse summary judgment and remand to the circuit court for further proceedings. If the circuit court permits, those further proceedings might include additional summary judgment argument and submissions.

Full Text


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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests