Commonly asked overtime pay law questions about paralegals:
- What Is a Paralegal?
- What is the Salary Range for a Paralegal?
- How Many Paralegals Are Nationally Employed?
- Where Are Most Paralegals Employed?
- Paralegal Overtime Pay Lawsuit News
- What are the Laws for Paralegal Overtime Pay?
- Is a Paralegal Entitled to Overtime Pay?
- Does a Company Have to Pay Overtime Wages to a Paralegal?
- Paralegal Overtime Pay Lawyer Review
What Is a Paralegal?
Paralegals assist lawyers by preparing legal documents and conducting research into precedent and other facts. The work of paralegals helps the lawyers in formulating their arguments and initiating legal action.
What is the Salary Range for a Paralegal?
Depending on the work setting and state where paralegals are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, paralegals made between $31,070 and $80,260, with the average annual salary being approximately $53,000.
How Many Paralegals Are Nationally Employed?
According to the United States Department of Labor, employment estimate and mean wage estimates for this occupation is as follows:
|Employment||Employment RSE*||Mean Hourly Wage||Mean Annual Wage||Wage RSE|
*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.
According to the United States Department of Labor, the percentile wage estimates for a paralegal is as follows:
Where Are Most Paralegals Employed?
According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:
|State||Employment||Employment Per Thousand Jobs||Location Quotient||Hourly Mean Wage||Annual Mean Wage|
Paralegal Overtime Pay Lawsuit News
Related Paralegal Overtime Pay Lawsuit News
TAMPA, Fla. — A pair of former paralegals for two Florida law firms recently hit their former employers each with class action unpaid overtime lawsuits over allegations that the individual plaintiffs failed to receive overtime and other wages from the defendants.
What are the Laws for Paralegal Overtime Pay?
Under the Fair Labor Standard Overtime Laws (FLSA), employers are required to pay paralegals overtime wages, in most cases.
The Paralegal position is one of the most controversial when it comes to entitlement to overtime. It might seem on first glance that a paralegal would fit nicely into either the administrative or professional exemption, but this is not correct. The U.S. Department of Labor (DOL) has generated seven opinion letters since 1994 addressing the issue of a paralegal’s entitlement to overtime and each time has taken the position that a paralegal is not exempt and is entitled to overtime if they work in excess of 40 hours per week. It was most recently addressed in an opinion letter dated July 24, 2006 (FLSA 2006-27): http://www.dol.gov/whd/opinion/flsa.htm.
It is important to remember that an employee’s status as exempt or non-exempt is not determined by their job title but their job duties. Therefore, there are circumstances where a paralegal with an advanced degree who is applying that advanced degree might fall under the professional exemption, or a paralegal who is allowed to exercise particular judgment and given particular discretion might fall under the administrative exemption.
Is a Paralegal Entitled to Overtime Pay?
Paralegals often work far more than 40 hours per week, and in many cases, they are covered under the FLSA. This means that employers must pay these workers one and one half times their regular pay for each hour worked past 40 a week.
However, the laws for paralegals are very complicated and controversial when it comes to entitlement of overtime benefits. Whether or not a paralegal is entitled to overtime pay is determined by their actual job duties, not just their title of “paralegal.”
If you have an advanced degree and are applying it in your job duties, you could fall under the professional exemption. If you are able to exercise certain levels of discretion in your duties, you may fall under the administrative exemption.
Every paralegal is different, and every case is different. That is why it is essential to consult an experienced overtime pay attorney to determine if you are covered under the FLSA.
Does a Company Have to Pay Overtime Wages to a Paralegal?
Yes, a company may have to pay overtime to paralegal, however, according to the U.S. Department of Labor, there are circumstances where a company may not have to pay overtime. These circumstances include when a paralegal with an advanced degree who is applying that advanced degree might fall under the professional exemption or a paralegal who is allowed to exercise particular judgment and given particular discretion might fall under the administrative exemption.
If you work as a paralegal and believe that your employer is violating the law by not properly paying you overtime wages, consult one of our experienced attorneys immediately, because the time to file these types of lawsuits may be short.
To determine whether you are eligible for filing a wage claim, contact our experienced Paralegal Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.