Paralegal sues over purported lack of overtime pay

By John Suayan | Nov 9, 2018

HOUSTON – A federal lawsuit accuses a Fort Bend County attorney of not paying a paralegal overtime.

George Holmes brought the suit against David W. Showalter, the Law Offices of David W. Showalter LLP, and David W. Showalter, P.C. on Nov. 8 in the Houston Division of the Southern District of Texas.

The original petition asserts that Holmes worked more than 40 hours in a week, but instead the defendants paid him “on a fixed salary basis.”

“As a paralegal, the plaintiff was not exempt from the overtime requirements of the FLSA,” court papers say. “The Department of Labor has issued guidance confirming that paralegals such as the plaintiff are not exempt from the overtime requirements of the FLSA.”

Holmes reportedly worked nearly 50 hours per week.

“The defendants did not maintain accurate records of the plaintiff’s actual time worked,” the suit says.

A jury trial is requested.

Nitin Sud of the law firm Sud Law P.C. in Bellaire is representing the plaintiff.

Houston Division of the Southern District of Texas Case No. 4:18-CV-4251

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