What, under federal labor law, determines whether someone should be paid overtime?

Question

What will be an ideal response?

Answer 1

There are two exemption categories that could apply: the professional exemption and the
administrative personnel exemption. A third exemption, the executive exemption, is very
unlikely to apply. According to the Department of Labor, paralegals/legal assistants do not
qualify under either exemption and, therefore, should be paid overtime. Some law firms,
however, argue that their paralegals are exempt under the administrative personnel exemption. Since confusion over the prior version of the overtime regulations led to multiple
interpretations, the Department of Labor tightened the language, leaving little doubt that the
U.S. government considers paralegals deserving of overtime. Section 314(e)(7) directly
addresses paralegal and legal assistants, finding that they “generally do not qualify as exempt
learned professionals because an advanced specialized academic degree is not a standard
prerequisite for entry into the field.” There is also a third exemption, the executive
exemption. However, if any of the three apply, it’s unlikely that the executive exemption
would.