Paralegals Working Overtime.

You know how your paralegal responds to your stupid emails on the weekend, brings your annoying depo materials home to work on at night, and answers your preposterous phone calls on a Sunday morning when you can't find a document -- can you believe they apparently expect to be paid for this???

Not surprisingly, I like the comfortable and confident way Judge Marra deals with the Iqbal argument (a bill also languishing in Congress) that the pleading does not sufficiently detail how or when the defendant law firm The Hurst Law Group allegedly violated the FLSA:
The allegations sufficiently state how Defendants violated the FLSA; namely, by not paying Plaintiff for overtime hours worked and by not maintaining accurate records of hours worked by Plaintiff. To the extent that Defendants seek the exact date they violated the FLSA, discovery will provide Defendants with more specific dates of overtime allegedly not paid and the lack of this information is not grounds for dismissal of the Amended Complaint. See Acho v. Cort, No. C 09-00157 MHO, 2009 WL 3562472, at * 3 (N.D. Cal. Oct. 27, 2009) (“[i]t cannot be the case that a plaintiff must plead specific instances of unpaid overtime before being allowed to proceed to discovery to access the employer's records”).
 Employment lawyers, is this the crest of a wave of new suits against local law firms?


  1. It's a MAJOR problem for every law firm in town.

  2. Pay your secretary overtime. The penalty for not doing so is twice the amount of unpaid wages plus attorney's fees.

  3. I agree, we are talking about bptkus?

  4. The holidays are a time ed hardy of getting together with friends ed hardy shoes and family, attending elaborate ed hardy clothing parties, and other exciting events ed hardy clothes that involves dressing up in stunning ed hardy store wardrobes. If you ed hardy Bikini are pregnant during ed hardy swimsuits the holidays, it does not ed hardy Caps mean that you are unable buy ed hardy to look fabulous and ed hardy swimwear stylish. Now, an expectant ed hardy sale mother has many styles of chic ed hardy glasses maternity clothing that allows cheap ed hardy her to show off her baby bump Christian audigier while looking spectacular.


Post a Comment