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GERMAN v. DOT

No. 98-0250.

223 Wis.2d 525 (1998)

589 N.W.2d 651

Joan A. GERMAN, Arnold Merkle and Bryan Vergin, Plaintiffs-Respondents, v. WISCONSIN DEPARTMENT OF TRANSPORTATION, Division of State Patrol, State of Wisconsin, Charles Thompson and William L. Singletary, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided December 3, 1998.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Richard B. Moriarty, assistant attorney general with whom on the briefs was James E. Doyle, attorney general.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Bruce M. Davey of Lawton & Cates, S.C. of Madison.

Before Eich, Roggensack and Deininger, JJ.

DEININGER, J.

The Wisconsin Department of Transportation, Division of State Patrol (DOT) appeals an order denying its motion to dismiss the wage claims of several state patrol officers.1 The officers sued the DOT under § 109.03(5), STATS., seeking compensation for their meal breaks. The officers assert that their meal breaks are not free of job duties and are therefore compensable work...

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