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Kellar vs Summit Seating Case Study

Kellar vs Summit Seating Case Study

List the legal issue in this case

The legal issue in the case was Kellar’s claim that her employer dishonored the Fair Labor Standards Act’s provisions on overtime payment for failing to pay her for preliminary pre-shift activities. However, the district court found that the pre-work activities Kellar claimed were eligible for compensation were not compensable initial activities based on the provisions of the Portal-to-Portal Act of 1947. According to Practical Law (2022), the Portal-to-Portal Act of 1947 clarifies activities that are eligible for compensation. Kellar was also unsuitable for compensation because her employer was unaware she was working overtime.

List the facts of this case.

Kellar claimed that she arrived at her workplace, Summit’s factory, between 45 and 15 minutes before her shift began. She spent 5 minutes turning on lights, unlocking doors, punching in on the time clock, and turning on the compressor. She then spent another 5 minutes preparing coffee for the other employees and another 10 to 15 minutes reviewing schedules and collecting and distributing materials and fabric to her juniors’ workstations. She also says another 5 minutes was spent drinking coffee and socializing. Her coworker, Spice, claimed that Kellar never performed any tasks before her shift but would take time to drink coffee and catch up until her shifts started. In addition, although Kellar had worked at the company for eight years, she never informed her employers about her pre-shift work, so they were unaware that she was working overtime.

The facts of this case are based on the concept of compensable vs. non-compensable work time.

According to Walsh (2019), compensable work includes activities satisfactorily related to an employee’s primary job duties. In contrast, non-compensable work includes activities preliminary to an employee’s principal activities, which include the duties an employee must complete for an organization to support successful operation. The job description often specifies an employee’s main activities (Burke, 2020).In the Kellar v. Summit Seating case, the only compensable work time would be reviewing schedules and collecting and distributing materials and fabric to her juniors’ workstations because these activities were part of her main activities. However, she could not be compensated because the employer was unaware she completed these activities before her shift. According to Levesque (2018), the Fair Labor Standards Act requires employees and employers to agree on compensable work time before the work is done. Kellar had not informed her employer that she was working overtime and had no prior agreement with the employer on overtime work and compensation, hence making her work non-compensable.


Burke, M. (2020). Compile job description. Applied Ergonomics Handbook, 57–59.

Levesque, R. J. (2018). Fair Labor Standards Act. Encyclopedia of Adolescence, 1293–1294.

Practical Law. (2022). Portal-to-portal act | applicable law – Westlaw. Retrieved September 27, 2022, from (sc.Default)

Walsh, D. J. (2019). Employment law for human resource practice. Cengage.


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Kellar vs Summit Seating Case Study

Kellar vs Summit Seating Case Study

The Kellar vs Summit Seating case study, focuses on the FLSA requirements regarding compensable time. In this case, In Kellar v. Summit Seating, the court must decide whether an employee was entitled to be paid for pre-shift work of which the employer claimed to be unaware. After reading this case study found in Chapter 11 of your textbook, address the following:
List the legal issue in this case
List the facts of this case.
Present an evaluation of the facts of this case based on the concept of compensable vs. non-compensable work time found in Chapter 11 of the text.
Evidence is an integral part of academic writing and critical thinking. When crafting your responses, please use the textbook, resources, and any outside research you might conduct to support your statements.

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