[ad_1]
Madison, Wisconsin (AP) — A judge has improperly certified a lawsuit claiming that numerous Burger King managers across Wisconsin deserve overtime pay as a class action lawsuit, a state appeals court ruled Tuesday. I went down.
A group of about six managers and assistant managers at Burger Kings, which is operated by Cave Enterprises Operations LLC, filed a lawsuit in November 2019, claiming they worked more than 40 hours a week and had to do the same thing most of the time. Did. Work part-time at a restaurant. Wisconsin’s administrative law stipulates that an employer is not required to pay an employee overtime if the employee holds an executive or managerial position.
Milwaukee County Circuit Court Judge Pedro Colón, a former Democratic Rep., granted plaintiffs’ motion in August 2021, certifying a lawsuit involving all employees and assistant managers of Cave Burger Kings statewide as a class action lawsuit. . According to court documents, the class includes his 207 general managers and his 107 assistants his general manager.
On appeal, the company argued that Colon erroneously exercised discretionary powers and did not answer questions about how much time each manager in the class actually spent on non-administrative tasks. , agreed that these questions should be answered by each manager, but did not explain how to do so without requiring individual testimony.
The First District Court of Appeal concurred with the company, finding that Colon had failed to explain the rationale for his decision and that multiple factual issues needed to be addressed before the lawsuit could be certified as a class action unanimously. made a decision of unanimity. The Court of Appeals sent the case back to Colon for reanalysis of the class action request.
Justice Maxine Aldridge White said, “A proof of the court’s rational decision-making supports a determination that the court properly exercised its discretion in reaching class certification determinations reachable by a reasonable court.” right.
Lawyers representing managers Timothy Maynard, Summer Murshid and Larry Johnson did not immediately respond to emails seeking comment on the ruling on Tuesday.
[ad_2]
Source link
