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Woman loses appeal for overtime pay

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A sewing manager who sued her former employer to obtain overtime pay for work she did before her shift started lost her appeal because the employer didn’t know that she was working prior to her shift, the 7th Circuit Court of Appeals ruled Wednesday.

In Susan Kellar v. Summit Seating Inc., No. 11-1221, Susan Kellar sued Summit Seating Inc. on the premise that she is entitled to overtime under the Fair Labor Standards Act for work she performed before the official start of her work shift. Her shift began at 5 a.m., but she said she would clock in 15 to 45 minutes early to review schedules, gather fabric, make coffee for employees and prepare work stations so that other employees could begin work right at 5 a.m. She said she would take a five-minute break during that time to smoke and socialize with her sister and co-worker Mamie Spice. Spice claimed that Kellar never performed any work before her shift and would chat and drink coffee until the shift began.

Kellar never mentioned to the company owners during the eight years she worked at Summit that she was working before her shift.

The District Court granted summary judgment to the company, finding Kellar’s pre-shift activities were “preliminary,” that any work she did before her shift was “de minimis” and Summit didn’t know she was working before her shift. The 7th Circuit affirmed on the issue of Summit being unaware of Kellar working prior to her shift start, but disagreed with the lower court’s conclusions regarding the “preliminary” and “de minimis” nature of Kellar’s pre-shift work.

Summit conceded for purposes of its motion for summary judgment that Kellar performed pre-shift work but argued it was “de minimis” in large part because it would have been administratively difficult to determine how much of that time is compensable. Kellar testified that she did the same activities each morning and may have spent up to 40 minutes performing them before her shift started. Judge Ann Claire Williams noted that Summit didn’t point to any cases that have found work exceeding between 10 and 15 minutes in duration is “de minimis.”

The court affirmed on the issue of Summit’s lack of knowledge that Kellar was performing these activities before her shift. Many Summit employees clocked in early and then socialized before their work shifts began, and nothing in the record shows the owners, who were aware of this practice, had reason to believe that Kellar was arriving early in order to work, wrote Williams. In addition, Kellar never mentioned to the owners that she was working prior to her shift.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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