Kieninger v. Crown Equipment Corp.
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The Supreme Court reversed the decision of the court of appeals reversing the judgment of the circuit court granting Defendant’s motion for summary judgment on Plaintiffs’ complaint claiming entitlement to unpaid wages based on his commute time in a company van, holding that commute time in a company-provided vehicle is not compensable under Wisconsin law.
Field service technicians employed by Defendant traveled to customers’ locations in Defendant’s vans and had the choice of commuting between work and home in either their personal vehicles or the company’s vans. Defendant did not provide compensation time for technicians’ travel time between home and work, leading Plaintiffs to file this lawsuit. The circuit court granted summary judgment for Defendant. The court of appeals reversed, holding that genuine issues of material facts existed as to whether Wisconsin’s statutes and regulations require payment for commuting time in a company-provided vehicle. The Supreme Court reversed, holding that travel is not compensable where an employee drives a company-provided vehicle between home and a jobsite.
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