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Should Highly Compensated Paralegals Receive Overtime Pay?

July 29, 2019 6:22 PM | Anonymous member (Administrator)

The issue of whether paralegals are exempt or non-exempt from payment of overtime has been hotly debated among paralegals and the employers who utilize them.  This is the most recent article I have seen addressing one aspect of the discussion – highly compensated paralegals.  I found the posting on LinkedIn and the article is also available on the firm’s website.

The U.S. Department of Labor issued an opinion on July 1, 2019 (FLSA2019-8) regarding whether paralegals are exempt from minimum wage and overtime requirements under section 13(a)(1) of the Fair Labor Standards Act.   Please see the A “Fair Reading” Of The FLSA Exempts Paralegals From Overtime Pay published on July 16, 2019, by Sherman & Howard L.L.C., Denver’s oldest law firm, with a  broad-range national practice.

The paralegals for which the Wage and Hour Division opined appeared to satisfy the highly compensated employee exemption.  A link to the full guidance letter (FLSA 2019-8) is also included at the end of the article.

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