Paralegal exempt vs. non-exempt

ckakavas

Hi all,

We have one city attorney and one paralegal/legal assistant II. She has great autonomy and responsibility for using her own judgment (most consider her the "Assisstant City Attorney").

Is she exempt or non-exempt?

Thanks for your assistance.

NeedCoffee

Having myself been a paralegal, they are non-exempt. See the following excerpt from the DOL:

§541.301(e)(7):

"(7) Paralegals. 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 community college or equivalent institution.
However, the learned professional exemption is available for paralegals
who possess advanced specialized degrees in other professional fields
and apply advanced knowledge in that field in the performance of their
duties. For example, if a law firm hires an engineer as a paralegal to
provide expert advice on product liability cases or to assist on patent
matters, that engineer would qualify for exemption."


Trust me - those paralegals are THRILLED that they get overtime!