Assignment:
Case Questions"
• Respond in writing to the case questions.
1. Kellar v. Summit Seating
CaseQuestions
1. What was the legal issue in this case? What did the appeals court decide?
2. What uncompensated work did the plaintiff claim she performed? What should the district court have done with the statement of another employee-the sister of the plaintiff, no less-that the plaintiff did not engage in work prior to her official start time?
3. Why does the appeals court find that the work in question was nonpreliminary? More than de minimis?
4. Why does the appeals court find for the employer even though it failed to pay the plaintiff for compensable time?
5. Do you agree with the decision in this case? Why or why not? What if she had told the owners that she was doing this extra work, they told her not to do so, but she continued coming in early because it was the only way to get started on time? Would the outcome of the case be different? Why or why not?
2. Maestas v. Day & Zimmerman LLC
Case Questions
1. What was the legal issue in this case? What did the appeals court decide?
2. Look up the Department of Labor's "first responder" regulation (29 C.F.R. 541.3 [b]). What does it say that is relevant to this case?
3. What factors are considered in determining the primary duties of a job? Why does the court conclude that the employer had failed to establish the exempt status of three of the four plaintiffs?
4. Do you agree with the appeals court's decision? Why or why not? If the employees in question performed a similar range of duties, but were not involved with law enforcement or emergency response, would the outcome have differed? Why or why not?
The requirements below must be met for your paper to be accepted and graded:
• Write between 750 to 1,250 words (approximately 3 to 5 pages) using Microsoft Word in APA style, see example below.
• Use font size 12 and 1" margins.
• Include cover page and reference page.
• At least 80% of your paper must be original content/writing.
• No more than 20% of your content/information may come from references.
• Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.
• Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style.
References must come from sources such as, scholarly journals found in EBSCOhost, CNN, online newspapers such as, The Wall Street Journal, government websites, etc. Sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. are not acceptable for academic writing.