The Fair Labor Standards Act (FLSA) requires, among other things, that an employer pay an employee minimum wage, and any hours worked over 40 in a week be paid at time-and-a-half. There are exemptions from overtime pay depending on the job function of the employee. An attorney, for example, is exempt and does not have to be paid time-and-a-half for hours worked over 40 in a week by their employer/law firm. A paralegal, however, would usually not be exempt and is almost always entitled to overtime compensation.
THE LAW PRESUMES THAT YOU ARE ENTITLED TO OVERTIME COMPENSATION. Your employer has the burden of showing that you are exempt from FLSA overtime requirements. Many employers try to fool their employees in to thinking they are exempt by telling them they are exempt, giving them job titles that sound like they would be exempt (for example, secretaries are now called "executive assistants"), or making the employee sign papers agreeing or acknowledging they are exempt.
YOU CANNOT SIGN AWAY YOUR RIGHT TO OVERTIME COMPENSATION any more than you can sell yourself in to slavery; the law doesn't allow it. Further, your employer doesn't get to decide whether or not you are entitled to overtime compensation. Your right to overtime compensation is based on how THE LAW views the functions of your job, not how your employer views them.
Not being paid overtime and want to find out if you're entitled to it? Contact us. We'll review your situation with you. If you are entitled to overtime pay, the law will require your employer to pay your attorney fees and costs in bringing a lawsuit.
Principal office located in Addison, Texas
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