Requirements

• The Fair Labor Standards Act has certain requirements that have to be met. First, employers are required to pay at least minimum wage to employees. Second, the act requires that employees who work more than 40 hours in a week are paid overtime. Third, the law restricts employing children under a certain age. Finally, the Fair Labor Standards Act requires employers to keep time and personnel records for each employee.
  
  

Ruling on Paralegals

• According to the Department of Labor, paralegals are not exempt from the overtime requirements set by the Fair Labor Standards Act. The department states, "[p]aralegals and legal assistants generally do not qualify as exempt learned professionals because an advanced specialized academic degree is not a standard prerequisite for entry into the field." The ruling means that if a paralegal works more than 40 hours in a week, she is entitled to overtime pay.
  
  

Effects

• If an employer fails to compensate a paralegal for hours worked that exceed 40 hours in a work week, it is a violation of the Fair Labor Standards Act. The statute of limitations for an infraction of the Fair Labor Standards Act is three years after the infraction occurs.
  
  

Potential

• Paralegals usually are entitled to overtime pay of 1 1/2 times their normal rate. Paralegals who are not compensated for overtime hours are entitled to sue the employer for the unpaid compensation, as long as it falls within the three-year statute of limitations period. In fact, the law states that paralegals can sue for double the amount of the compensation. For example, if the paralegal is due $5,000 in overtime pay, she can sue her employer for $10,000. The Fair Labor Standards Act also allows paralegals to recover attorney fees and costs for suing the employer, as long as the fees are deemed to be reasonable.
  
  

Prevention

• Employers of paralegals are advised to keep accurate records. When paralegals reach the 40-hour threshold in a week, employers can avoid overtime by sending the employee home.