Are Paralegals At Your Firm Entitled To Overtime Pay?
By: Robert A. Doren, Esq., Buffalo Law Journal, June 15, 2006
Submitted by: Bond, Schoeneck & King, PLLC
Contact: Louis P. DiLorenzo, Esq.
Email contact
Territory:
Category: Legal Article
Created: Apr 18 2008 - 06:11
Updated: Apr 18 2008 - 10:35
As occupations, job titles and work responsibilities continue to evolve, many employers face the unenviable task of classifying their workforce pursuant to the Fair Labor Standards Act and corresponding state-law provisions.
Because they perform a wide variety of tasks, from administrative functions to in-depth research and the drafting of documents, paralegals are not easily classifiable by legal employers under the FLSA. While paralegals are an essential part of any legal employer's office, are they exempt from FLSA overtime provisions?
Based on Department of Labor regulations and a Dec. 16, 2005, opinion letter, the answer for most paralegals remains no. However, the classification of paralegals remains a fact-specific endeavor that legal employers should conduct on a case-by-case basis.
The FLSA requires employers to compensate employees who are not within a defined exemption with overtime pay when they work more than 40 hours in one week. The act contains exemptions, however, for certain classes of employees relating to their profession and/or skills. Based on their skills and responsibilities, paralegals arguably might qualify under the FLSA's professional and administrative exemptions.
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