Houston-based Mostyn Law Firm, which has offices throughout Southeast Texas, was recently sued by one of its paralegals for allegedly violating overtime provisions set by the Fair Labor Standards Act, according to the Southeast Texas Record.
Sherri Davis filed the class action lawsuit on behalf of herself and other paralegals, alleging that the firm required her to work more than 40 hours per week but did not compensate her extra employee attendance with time-and-a-half pay.
The firm's founder and namesake, Steve Mostyn, argued that Davis was exempt from the overtime regulations due to the fact that she held a supervisory position within the company, where she worked between June 2007 and March 2009, the American Lawyer reports.
Generally, supervisors and those in a management position are not covered by the FLSA's overtime regulations due to the fact that they are expected to work when necessary. However, it is against the law for those who do not hold managerial positions to be labeled as exempt.
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