Why Many Houston Paralegals are Misclassified under the FLSA

Burning the midnight oil and working overtime as a paralegal in Houston is common across the industry. Cases need to be filed, settlements need to be obtained, and families need to be assisted – all within a very strict time frame set by Texas law.

The statute of limitations, or the amount of time that a person has to bring a claim against another person or entity, puts an additional amount of pressure on lawyers and their staff. This extra pressure often results in the staff and attorneys having to work overtime to increase the chances the claim and resulting case will be successful.

Since lawyers almost always fall under the Learned Professionals exemption of the Fair Labor Standards Act, they typically do not receive overtime pay for the hours over 40 they put in each week. Of course that does not mean that they do not work many hours. Many attorneys, including the ones in our office, put in hundreds of extra hours each year to serve their clients.

Their trusted paralegals do, as well. Lawyers depend on these men and women to do the behind-the-scenes work on the cases, and their job duties can include anything from gathering evidence on a case, requesting and organizing discovery responses, and ordering medical records and bills to prove an injury claim. But unlike attorneys, many of the tasks that paralegals perform do not meet the qualifications for a Learned Professionals exemption.

But many employers try to use the exemption just because their paralegals make at least $455 per week. There are additional criteria that must also be met for the exemption; however, some employers overlook them.

For example, an advanced degree must be obtained in order to complete the work that the employee is performing. While some paralegals have earned college educations, sometimes it is not necessary for the degree to be obtained in order for the paralegal to complete his or her work. In fact, many firms employ paralegals who have 20 or more years of experience but no degree over those who have a degree but no experience.

It is also important to note that a Learned Professionals exemption may only be taken if the paralegal also oversees two or more employees (or 80 hours of manpower each week), with the ability to hire, fire, or promote.

This means that a paralegal that has been misclassified as a Learned Professional would most likely be entitled to back wages for the overtime pay that he or she missed out on. If you are currently in this predicament, we urge you to contact the Houston overtime lawyers at Kennedy Hodges for your free book, Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. Simply call 888.449.2068 to schedule a complimentary case evaluation.

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.