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Employment — Portal-to-Portal Act

By: WISCONSIN LAW JOURNAL STAFF//December 14, 2011//

Employment — Portal-to-Portal Act

By: WISCONSIN LAW JOURNAL STAFF//December 14, 2011//

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United States Court of Appeals

Civil

Employment — Portal-to-Portal Act

Where the employer had no knowledge that an employee was engaged in non-preliminary work prior to her shift, it did not violate the Portal-to-Portal Act by not paying her for that time.

“We recognize that ‘an employer is not relieved of the duty to inquire into the conditions prevailing in his business because the extent of the business may preclude his personal supervision.’ Reich, 28 F.3d at 1083 (internal quotation marks and citation omitted). But in this case, the Finks had no reason to suspect Kellar was acting contrary to the conditions prevailing in their business generally. Kellar’s behavior raised no flags. When Kellar forgot to punch in, she would simply write in her time card that she arrived at the beginning of her scheduled work shift. Over the course of eight years, Kellar never told the Finks that she was working overtime. Indeed, there is no indication that anyone else knew Kellar was performing pre-shift work.”

Affirmed.

11-1221 Kellar v. Summit Seating Inc.

Appeal from the United States District Court for the Northern District of Indiana, Nuechterlein, Mag. J., Williams, J.

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