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Are paralegals in Texas eligible for overtime pay under the FLSA?

 

A:

Most paralegals are usually eligible to receive overtime pay under the federal  wage and hour laws. The introduction of the Fair Pay Overtime Rules in August of 2004 made it much harder for employers to classify their paralegals as exempt employees.

Paralegals usually do not meet the requirements for the administrative exemption because:

   They do not exercise independent discretion in their job. This is true because they are supervised by   
   attorneys. 
   Even if they are exercising independent discretion, paralegals and legal assistants are "production
   employees," not administrative employees. A true administrative employee does not actually produce
   the service or product sold by the employer.

Because law firms are in the business of providing legal services and paralegals are part of that service, they usually do not qualify as administrative employees under the FLSA.

 




The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in:
Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.