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Burger King Franchise Gets Wage Suit Class Status Axed on Appeal

Jan. 25, 2023, 4:44 PM

Cave Enterprises Operations LLC successfully convinced a state appeals court to undo an order allowing workers to proceed as a class in a suit alleging the Burger King franchise operator owes them overtime pay.

The trial court didn’t “make adequate factual or credibility findings to support” its decision to certify the class, made up of salaried general managers and assistant general managers who work at Burger King locations Cave owns and operates, the Wisconsin Court of Appeals said in an unpublished opinion, sending the case back for a closer look.

Byron Cowan and Jill Patterson filed a class complaint ...