The paralegal overtime lawsuit against a local law firm called the Mostyn Firm previously received some play on FindLaw's Houston Employment Law News Blog.
At the time, the case was at the initial stages. It involved a paralegal named Sherri Davis, who alleged that she had not received overtime pay despite regularly working more than 40 hours per week.
Sherri Davis had not only been arguing on her behalf, however. She had also been trying to get a "class-action" status for the other paralegals at Mostyn.
Now, it turns out that initial arguments went well for Sherri Davis in her case, and Judge Keith Ellison of the Southern District of Texas granted "certification" for a class of current and former salaried paralegals going back to 2008, reports the Southeast Texas Record.
One consequences of a class-action certification in employment law means that the defendant may be hit with larger damages.
The central legal argument in this case will revolve around the Fair Labor Standards Act (FLSA).
The FLSA establishes minimum wage, overtime pay, record-keeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
Covered nonexempt workers are entitled to a minimum wage of not less than $5.15 an hour, effective September 1, 1997. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek.
The FLSA arena, though addressing a rather simple problem (overwork), is not all that easy. It is always best, if you think you have an FLSA claim, to find an attorney to represent you.
Related Resources:
- Find a Houston Employment Law attorney (FindLaw)
- What types of employers are covered under the Fair Labor Standards Act (FindLaw)
- Top 5 FLSA & Overtime Rules for Employers (FindLaw’s Free Enterprise)
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