Under federal labor rules found in the Code of Federal Regulations (C.F.R.), employees who work overtime must be compensated for that time unless they are "exempt." One category of exemption exists for an employee "who customarily and regularly exercises discretionary powers."[29 C.F.R. 541.1(d)]. This section is further interpreted in section 541.107, which defines customarily and regularly as "a frequency which must be greater than occasional but which, of course, may be less than constant." Furthermore, "[t]he requirement will be met by the employee who normally and recurrently is called upon to exercise and does exercise discretionary powers in the day-to-day performance of his duties. The requirement is not met by the occasional exercise of discretionary powers." (29 C.F.R. 541.107).
a. Do you think paralegals are entitled to overtime pay according to this law?
b. What factors are important in making this determination?
c. What about other law office support staff?
d. What about attorneys?