REBECCA WIRTH, Plaintiff-Appellant, v. RLJ DENTAL, S.C., Defendant-Appellee., 59 F.4th 270

Summary

HOLDINGS: [1]-The court concluded that employer did not violate Wisconsin law when it failed to compensate the employee for lunch breaks because under Wis. Admin. Code. § DWD 272.12(2)(c)(1) employee attempted to transform her non-compensable meal period into a compensable rest period by clocking back in after less than 30 minutes, despite what her employer provided and her employer's repeated instruction to take her full break. The Wisconsin regulatory scheme focused on what the employer provided, not what the employee elected. Because the employer provided 30 minutes or more during which the employee was completely relieved from duty for the purposes of eating lunch, the employer was not obligated under the law to pay her for the time she was off the clock.