Labor Standards Complaint

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WI Court of Appeals – District I

Case Name: Braketown USA, Inc. v. Markel Insurance Company

Case No.: 2021AP001591

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Labor Standards Complaint

Breanna H. Kuehn, a former Braketown USA, Inc (Braketown) employee, filed a Labor Standards Complaint with the Wisconsin Department of Workforce Development, Equal Rights Division (ERD) on May 13, 2019. In her complaint, Kuehn alleged that Braketown failed to pay her for two hours of vacation time on one of her April paychecks, and failed to deposit wages that were deducted from one of her May

paychecks into her Health Savings Account (HSA). Braketown d/b/a Mac-Tech Technical Services, Inc. appeals from an order of the circuit court granting summary judgment in favor of Markel Insurance Company (Markel) and denying Braketown coverage under the insurance policy Braketown had with Markel for claims related to two complaints filed by a former employee.

The appeals court is unpersuaded by Markel’s attempt to explain how Kuehn’s Labor Standards Complaint amounts to a Wage and Hour Wrongful Act within the meaning of the policy. For the reasons set forth below, the appeals court reverses, and remands with instructions to enter summary judgment in favor of Braketown and for further proceedings.

Remanded and reversed.

Decided 08/29/23

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