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Top Three Ways to Avoid FLSA Misclassification as a Paralegal in Houston

Working legal cases can be a difficult and time-consuming task. If the case involves a serious injury, medical bills and records must be ordered, the insurance company needs to be dealt with, and settlement must be negotiated. If a settlement cannot be reached and the case must go to trial, then additional preparation must be done before the case can be heard in front of a judge or jury.

Since there are strict deadlines in virtually all types of legal matters, many Houston paralegals work overtime to make sure that those deadlines are met. Under the Fair Labor Standards Act, all workers are entitled to overtime pay, unless the employer deems them exempt from the FLSA.

What often happens to paralegals, however, is misclassification so that the employer does not have to spend the money on paying overtime in order to increase profits. What many paralegals do not realize, though, is there are few times that a paralegal would rightfully be considered exempt.

There are ways that paralegals can avoid misclassification and in turn protect their paychecks. The Houston overtime attorneys at Kennedy Hodges suggest the following as ways to do just that:

• Write down your job duties. Often employers will misclassify based on a job title, not actual job duties, even though the FLSA mandates that this not be the case. 
• Keep track of how many people you are asked to directly oversee. Unless you are directly supervising at least two people or 80 hours of manpower each week, you may not be exempt under the FLSA.
• Question your exemption. If you are told by your employer that you are exempt, you have the right to ask why.

Learn the facts and protect yourself by ordering a free copy of Kennedy Hodges’ free book, The Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim, by calling 888.449.2068 today. You can also fill out our online form, and an attorney from our office will get right back with you to schedule a free consultation.