Aguilar v. Husco Int’l, Inc.Annotate this Case
After exhausting their administrative remedies, Plaintiffs, six employees of Husco International, Inc., brought this wage claim case behalf of themselves and others similarly situated seeking back pay for unpaid twenty-minute meal breaks taken during the two-year period preceding the filing of their complaint. The union had previously agreed to unpaid meal breaks in every collective bargaining agreement (CBA) negotiated since 1983 at the company’s Waukesha plant. This provision, however, was in conflict with a Department of Workforce Development (DWD) regulation that requires employers to pay employees for meal breaks that are shorter than thirty minutes. The practice was later ended. The circuit court denied both parties’ summary judgment motions. The court of appeals granted summary judgment for Plaintiffs, reasoning that the CBA could not trump the DWD meal-break regulation. The Supreme court reversed, holding that the employees were not entitled, under the DWD regulation, to back pay for the unpaid meal breaks in this case.