Fair Labor Standards Act Violation

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WI Court of Appeals – District IV

Case Name: Greg Bakkenstuen, et al. Lepke Holdings LLC, et al.

Case No.: 2017AP2500

Officials: Sherman, Blanchard and Kloppenburg, JJ.

Focus: Fair Labor Standards Act Violation

Lepke Holdings and Bill Lepke Trucking LLC (collectively, Lepke) appeal an order of the circuit court granting summary judgment in favor of Greg Bakkestuen, David Winchell, and Brian Jensen (collectively, the drivers). The drivers, who were all employed by Lepke as dump truck drivers, sued Lepke seeking compensation for time that the drivers devoted to particular tasks, for which the drivers argue Lepke should have, but did not, pay them (“the unpaid time”). The circuit court determined that the unpaid time was compensable work time for which the drivers are owed additional wages. This ruling included the court’s rejection of Lepke’s argument that the drivers are not entitled to this compensation because Lepke met minimum wage requirements. Separately, the court determined that certain overtime hours for which the drivers were not paid should be paid at the then-prevailing hourly wage, which was higher than the drivers’ regular hourly wage. We affirm on each issue.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.