Paralegals are not the ones advising clients, or planning or implementing strategies—things that do require discretion and independent judgment. Thus, paralegals do not fall under the FLSA’s administrative exemption and must be given overtime pay.
Are paralegals exempt or nonexempt employees?
The paralegals that you describe in your letter appear to satisfy the highly compensated employee exemption. All of their duties are non-manual, and they receive total annual compensation of at least $100,000. See 29 C.F.R. § 541.601.
What professions are exempt from overtime?
The five primary exemptions are executive, administrative, professional, computer, and outside sales employees.
Which type of position is not legally entitled to overtime pay?
A. There are two types or categories of employees, exempt and non-exempt. Exempt employees are those who, due to their job duties and compensation, are not legally entitled to overtime and are, therefore, “exempt” from the laws regarding overtime pay.
How do you know if you are exempt from overtime pay?
An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). … For them, even if they haven’t met the minimum 40 hour per week federal threshold, any hour over 8 is paid at time-and-a-half.
Are paralegals exempt FLSA?
The new DOL Wage and Hour Administrator, Cheryl Stanton, says paralegals earning at least $100,000 annually and performing certain duties are “exempt” employees. The Administrator’s guidance letter zeroed in on the paralegals’ duties to justify their exempt status as a “fair reading” of FLSA Section 13(a)(1).
Is a paralegal a white collar job?
This is occurring in part because many men in blue-collar jobs found themselves on the unemployment line when the recession began in 2008. … But now, it refers to any class of job traditionally filled by women, like nurse, teacher, receptionist, paralegal, social worker and personal aide.
What are the 8 categories of exempt employees?
Requirements differ from state to state, but the FLSA (Fair Labor Standards Act) classifies exempt employees as anyone doing jobs that fall into these categories: professional, administrative, executive, outside sales, STEM (Science, Technology, Engineering, and Math)-related, and computer-related.
Who is eligible for overtime pay?
Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay.
What qualifies as an exempt employee 2020?
Employees who are classified as exempt must receive a salary of at least $684 per week by January 1, 2020. … For employees reclassified as non-exempt, make sure you pay them at least the minimum wage for all hours worked and overtime whenever they work more than 40 hours in a workweek.
Can I sue my employer for not paying me overtime?
Workers covered under the FLSA can sue their past or present employer if required overtime wages were not properly paid. … If a number of employees at the same company have similar claims, they may be able to file a class action lawsuit to recover their unpaid wages.
How do companies get away with not paying overtime?
Whether or not you’re eligible for overtime under federal law is dependent on your classification as exempt or non-exempt under the Fair Labor Standards Act (FLSA). “Exempt” refers to exempt from overtime. … Misclassifying someone as “exempt” is a key way many companies duck out of paying overtime.
Is overtime over 40 hours a week or 8 hours a day?
In California, overtime is officially counted both after 8 hours of work per day, AND 40 hours per week – according to the California Labor Code Section 510, i.e. The Cunningham Law. So, if you work 9 hours on Tuesday, you are entitled to get paid for 1 hour of overtime.
Which of the following employees would not be exempt from receiving overtime pay?
State overtime laws do not cover certain employees who are considered “professional,” “managerial,” “executive,” or “administrative” employees. … To be an exempt employee under any of these categories under California law you must earn twice the minimum wage for full-time work.
Why are exempt employees not eligible for overtime?
Exempt employees, because of their rate of pay and type of work that they do, are not eligible for overtime pay for hours worked over 40 in a workweek. … Nonexempt employees must be paid time and a half for any hours worked more than 40 in a workweek.
How do I know if I am FLSA exempt?
With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).