Sometimes trial lawyers get tried. That is the case with the Mostyn Law Firm of Houston, which is being sued by a disgruntled paralegal, reports the Southeast Texas Record.
The paralegal, named Sherri Davis, is alleging that she did not receive the overtime she was owed. She alleges that she regularly worked more than 40 hours per week and was not given time-and-a-half.
Not only is Sherri Davis bringing the lawsuit on her behalf, but also on behalf of a “class” of current and former paralegals at the Mostyn Law Firm who were allegedly not given the one-and-a-half overtime rate that they were allegedly owed.
This kind of group lawsuit, called a class action, is one in which a group of people with the same or similar injuries caused by the same actions sues the defendant together. Two of the biggest benefits of a class action are efficiency and the size of recovery.
Sherri Davis's claim arises under the Fair Labor Standards Act, or FLSA. This is a law that any worker should be aware of.
The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. Under the FLSA overtime must be paid at a rate of at least one and one-half times the employee's regular rate of pay for each hour worked in a workweek in excess of the maximum allowable in a given type of employment.
The primary enforcement arm of the FLSA is the Department of Labor's Wage and Hour Division. While the Wage and Hour Division takes its job investigating overtime oversight seriously, there is a long list of FLSA exempt employees.
These FLSA exempt employees are not eligible for extra overtime pay. The best person to determine if you qualify as an FLSA covered employee is a Houston Employment Law attorney.
Related Resources:
- Find a Houston Employment Law attorney (FindLaw)
- FLSA Exemptions (Dept. of Labor)
- Top 5 FLSA & Overtime Rules for Employers (FindLaw's Free Enterprise)
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