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News | May 15, 2011

Paralegal Overtime Case Achieves Conditional Certification

As I recently was telling Pennsylvania (PA) and New Jersey (NJ) overtime lawyers and attorneys, paralegals often are entitled to overtime pay. Recently, in Black v. Settlepou, P.C., 2011 U.S. Dist. LEXIS 15493 (N.D. Tx. Feb. 14, 2011), the district court granted conditional certification in a lawsuit in which paralegals alleged that they were entitled to overtime pay. The opinion contains several passages that wage and overtime rights lawyers will find helpful. The one I liked best was the rejection of the defendant’s argument that conditional certification should not be granted because few individuals had joined the case at the time of the conditional certification motion. The district court rejected this argument, observing: “That would be putting the cart before the horse; there must only be a ‘reasonable basis’ to believe that other agrieved individuals exist.”

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