Paralegal sues Mostyn Firm for not paying overtime

David Yates Aug. 23, 2011, 5:00am

A disgruntled paralegal is suing the Mostyn Law Firm for allegedly not paying her overtime.

On behalf of herself and those similarly situated, Sherri Davis filed her suit under the Fair Labor Standards Act on Aug. 3 in U.S. District Court, Houston Division.

The Mostyn Law Firm, founded by Houston attorney Steve Mostyn, has offices throughout Southeast Texas and employees numerous paralegals.

In her suit, Davis alleges she was required to work more than 40 hours per week and was not compensated at the FLSA mandated time-and-a-half rate for hours worked in excess of 40 hours.

"The Class Members are all of Defendant's current and former paralegal employees who worked more than forty (40) hours in a workweek but were not paid one and one-half times their regular rate of pay at any time starting three years before this Complaint was filed up to the present," the suit states.

"Defendant's method of paying Plaintiff in violation of the FLSA was willful and was not based on a good faith and reasonable belief that its conduct complied with the FLSA."

Davis further contends she has actual knowledge that other potential class members have also been denied overtime pay for hours worked over 40 hours per workweek.

"Plaintiff and Class Members are entitled to recover their unpaid overtime compensation," the suit states. "Plaintiff and Class Members are also entitled to an amount equal to all of their unpaid wages as liquidated damages."

Davis is also seeking an award of attorney's fees.

Houston attorney Alex Mabry represents her.

Federal case No. 4:11-cv-02874

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