Class Certification

By: WISCONSIN LAW JOURNAL STAFF//January 30, 2023//

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WI Court of Appeals – District I

Case Name: Byron Cowan v. Cave Enterprise Operations, LLC

Case No.: 2021AP001441

Officials: White, J.

Focus: Class Certification

Cave Enterprises Operations, LLC (Cave) appeals the circuit court order granting class certification on the basis of unlawful deprivation of overtime wages to a class of salaried general managers and assistant general managers of Burger King restaurants at Wisconsin locations that were owned and operated by Cave. The appeals court rules that the record does not support that the circuit court made adequate factual or credibility findings to support its discretionary decision to grant class certification. Therefore, the appeals court reverses the court’s order and remands with directions to make sufficient findings of fact and pertinent credibility determinations to support the court’s conclusions of law, and then for further proceedings.

Reversed and Remanded.

Decided 01/24/23

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