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A Houston paralegal recently filed a complaint against her employer after accusing the company of not paying her time and a half for the hours over 40 that she worked each week.
Sherry Davis filed the suit in the U.S. District Court for the Southern District of Texas, after working for the law firm for more than two years. She alleges that during her time there, from January 2007 to March 2009, she was required to work overtime, but was not fairly compensated for it.
Law.com also reports that Ms. Davis is trying to seek damages for her and her class members for the Houston paralegals’ unpaid overtime.
According to the Fair Labor Standards Act, all employees should be paid time and a half of their hourly rate for the hours they work over 40, unless there is a certain exemption that he or she falls under. In Ms. Davis’ case, her employer quite possibly could have misclassified her as ineligible for overtime due to the Administrative or Professional Exemptions, if she had made more than $455 each week and had a supervisory role in the office.
Employees should remember, though, that exemptions should be based on the job duties that are performed the majority of the time, and should not be based on job title.
If you are a paralegal not receiving overtime in Houston, contact the experienced Houston overtime lawyers at Kennedy Hodges for your free copy of The Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim. Get your free copy by calling 888.449.2068 today or by filling out our online form.
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