Running head: EMPLOYMENT LAW
Kellar v. Summit Seating (Ch. 12, p 426)
1. The legal issues in the case
Susan Kellar was hired by Summit in 2001 as a sewing manager overseeing the sewing process
and ensuring all schedules were met on time as well as training junior employees. Kellar was
supposed to be paid on an hourly basis. Kellar claimed that she put extra hours before her shift
started which she was not paid. According to the fair labor standards act employees ought to be
compensated by their employees when they work extra hours more than the 40 hours per week
limit (Clinton, 2011).
The legal issues in the case are as follows.
Whether the preshifts Kellar was non-preliminary. The court needed to determine whether
Kellar’s preliminary activities before the shift were compensable or not. According to the portal
to portal, act eliminates employee compensation on preliminary or postliminary activities which
occur before or after a shift.
Whether preshifts by Kellar in her work was not de minimis which means that Kellar allowed a
few extra seconds or minutes beyond her scheduled hours. The de minis doctrine approves that
employers are not liable for compensating their employees when they allow a few minutes or
seconds beyond the stipulated time.
The other legal issue is whether Summit had knowledge on whether Kellar was doing extra
hours. If the Fair Labor Standards Act is to be applied to the case Kellar has to prove that
Summit was aware of her overtime (Perez, 2015).
2. Why the court finds the work in question to be more of non-preliminary than de
In the case in question, the court finds that Kellar’s activities such as opening the doors and
preparing coffee for the other emplo...
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