Class Action Certification-Wage Payment

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WI Court of Appeals – District I

Case Name: Sherleti Freeman v. SL Greenfield, LLC

Case No.: 2021AP001262

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Class Action Certification-Wage Payment

This appeal arises from a complaint filed by Sherleti Freeman on September 28, 2020, alleging that SL Greenfield engaged in systemic violations of Wisconsin’s wage payment and collection laws at several independent living and assisted living facilities throughout Wisconsin. Specifically, Freeman alleges that SL Greenfield have unlawfully failed to pay certain senior care workers for short rest breaks and meal periods lasting less than thirty minutes, resulting in the denial of compensation and overtime pay.

SL Greenfield, LLC and Senior Lifestyle Corporation (collectively, “SL Greenfield”) appeal a circuit court order certifying a class action. SL Greenfield also seek review of the circuit court’s denial of their oral motion for a continuance of the hearing on class certification. The appeals court concludes that it only has jurisdiction over the order certifying the class. Because the circuit court did not fully comply with the statutory requirements for an order certifying a class, the appeals court vacates the order and remands for further proceedings consistent with this opinion.

Vacated and Remanded

Decided 07/11/23

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