Judge conditionally certifies overtime lawsuit
A United States District Judge recently conditionally certified a class action time and attendance lawsuit against Houston-based Mostyn Law Firm, Texas Lawyer reports.
Paralegal Sherri Davis filed suit against the company last August, on behalf of herself and other paralegals. She alleged that she and the other class members had been required to work more than 40 hours per week, but their additional employee attendance had not been compensated with time-and-a-half pay.
As the news source reported last year, the firm's founder argued that Davis was exempt from the overtime provisions laid out in the Fair Labor Standards Act (FLSA) because she held a supervisory position at the company.
Supervisors and those in a managerial position are typically not covered by the FLSA's overtime regulations on account of being expected to work when necessary. However, companies must ensure workers' primary duties are supervisory or managerial in nature before exempting them from the requirements. It is against the law for those who do not hold managerial positions to be labeled as exempt.
Paralegal Sherri Davis filed suit against the company last August, on behalf of herself and other paralegals. She alleged that she and the other class members had been required to work more than 40 hours per week, but their additional employee attendance had not been compensated with time-and-a-half pay.
As the news source reported last year, the firm's founder argued that Davis was exempt from the overtime provisions laid out in the Fair Labor Standards Act (FLSA) because she held a supervisory position at the company.
Supervisors and those in a managerial position are typically not covered by the FLSA's overtime regulations on account of being expected to work when necessary. However, companies must ensure workers' primary duties are supervisory or managerial in nature before exempting them from the requirements. It is against the law for those who do not hold managerial positions to be labeled as exempt.
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