Are Paralegals Non Exempt

Are Paralegals Non Exempt The DOL specifically included language regarding the paralegal profession and continued its position that paralegal will specifically remain non exempt pursuant to 541 301 e 7 unless they hold advanced specialized degrees in other professional fields and apply advanced knowledge in that field in the performance of their duties

Response 2 Our paralegals are non exempt I recently learned that some companies treat a few of their paralegals as exempt This might be the case for example if the individual is managing others running a program or process or managing a caseload Obviously the key is meeting the criteria for one of the exemptions 2 DOL Highly degreed paralegals were not exempt January 26 2006 Allen Smith J D Reuse Permissions A college diploma does not guarantee exempt status under the Fair Labor Standards Act

Are Paralegals Non Exempt

Are Paralegals Non Exempt
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The paralegals that you describe in your letter appear to satisfy the highly compensated employee exemption All of their duties are non manual and they receive total annual compensation of at least 100 000 See 29 C F R 541 601 After identifying the applicable test the opinion letter concluded that the paralegals were exempt under the highly compensated employee exemption because all of their duties are non manual they receive total annual compensation of at least 100 000 and they customarily and regularly perform at least one exempt duty of an administrative

The problem with labelling all paralegals non exempt is that law firms and paralegals disagree as to whether exemption is appropriate in this context For example one survey revealed that only fifty eight percent of paralegals questioned believed that they should receive overtime pay Furthermore the Paralegals currently are not licensed as lawyers are nor subject to any other regulatory scheme California however requires a certain level of education of persons using the title paralegal What is a certified paralegal

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Paralegals 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 Although many paralegals possess general four year advanced degrees most specialized paralegal programs are two year associate degree programs from a On July 1 2019 the DOL issued Opinion Letter FLSA2019 8 providing that paralegals may be classified as exempt under the FLSA s highly compensated employee HCE exemption if their primary duty includes office or nonmanual work they satisfy the minimum annual compensation requirement and they customarily and regularly perform at least one of the exempt duties of an executive

Paralegals are normally paid on a salary exempted or hourly non exempt basis Some paralegals work on a part time or freelance basis handling overflow from firms and legal departments and are normally paid on an hourly or project basis December 16 2005 FLSA2005 54 Dear Name This is in response to your request for a formal opinion on the application of Section 13 a 1 of the Fair Labor Standards Act FLSA to several paralegals employed by a client s law firm You request that we evaluate the employees status under the administrative and professional exemptions in

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Are Paralegals Non Exempt - Highly compensated employees performing office or non manual work and paid total annual compensation of 107 432 or more which must include at least 684 per week paid on a salary or fee basis are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive administrative or professional