Paralegals Are Entitled to Overtime Pay

The Law Offices of Kevin J. Dolley represents paralegals in unpaid overtime cases under the FLSA. Our firm is sought out instead of local attorneys who may know the law firm accused of violating the FLSA. Commonly, paralegals are illegally paid a salary without overtime compensation for hours worked in excess of 40 hours per week or are simply denied overtime pay.

The Department of Labor has consistently held that paralegals and law firm assistants must be paid time and a half overtime for hours worked in excess of 40 hours per work week. Work duties of paralegals may include being required to draft legal documents, discovery requests, interview witnesses, maintain files, interact with clients, prepare subpoenas, medical releases and summaries and drafts and prepare correspondence. These or similar work duties of paralegals require that they be paid time and a half overtime pay for hours worked in excess of 40 hours per workweek.

Section 13(a)(1) of the FLSA provides that certain employees are exempt from overtime if employed in a bona fide executive, administrative, or professional capacity. The administrative exemption requires the primary employment to be directly related to management policies or general business operations of the employer. Federal courts and the Department of Labor have consistently held that paralegals are engaged in “production work” of the employer, and do not qualify for exemption as bona fide administrative employees or under any other exception.

The DOL has held that the duties of paralegals do not involve the exercise of discretion and independent judgment of the type required by section 541.2(b) of the regulation for such employees to be exempt from overtime pay.

Paralegals typically are drafting particular documents to assist attorneys on a particular case or matter. The paralegals are not themselves formulating or implementing management policies, utilizing authority to waive or deviate from established policies, providing expert advice, or planning business objectives in accordance with the dictates of 29 C.F.R. § 541.202(b) to qualify as exempt. It has been consistently determined that paralegals fit more appropriately into that category of employees who apply particular skills and knowledge in preparing and completing assignments. Employees who apply such skills and knowledge generally are not exercising independent judgment, even if they have some leeway in reaching a conclusion.
Contact a Paralegal Unpaid Overtime Law Firm

Attorney Kevin J. Dolley represents paralegals in claims for unpaid overtime under the FLSA. Contact Mr. Dolley directly at (314)645-4100 or by email at Kevin@dolleylaw.com.