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Overtime for Lawyers in Texas: What Legal Professionals Need to Know

Working late nights, weekends, and billing hours into the early morning is often seen as part of the legal profession. But not all lawyers are exempt from overtime—and if you’re not being paid fairly for your time, you may have a claim.

This blog explains how overtime for lawyers is handled under federal and Texas law, when lawyers qualify for overtime, and how an employment attorney can help you recover unpaid wages.

Are Lawyers Entitled to Overtime Pay?

In some cases, yes. While many attorneys are considered “exempt” from overtime under the Fair Labor Standards Act (FLSA), that exemption doesn’t apply to all legal roles.

Here’s the general rule:

• Exempt: Licensed attorneys practicing law who are paid on a salary basis are typically not entitled to overtime.
  
  
• Non-Exempt: Law clerks, paralegals, compliance staff, document reviewers, and non-licensed law graduates may be eligible for overtime pay.
  
  

🧠 Just having a law degree doesn’t automatically disqualify you from overtime. Your job duties and pay structure matter most.

The FLSA and the “Learned Professional Exemption”

Under the FLSA, the “learned professional exemption” applies to employees:

1. Who perform work requiring advanced knowledge
   
   
2. In a field of science or learning
   
   
3. Who customarily acquired that knowledge through a prolonged course of specialized intellectual instruction
   
   

Licensed lawyers typically fall into this category if they are actually practicing law.

But if you’re doing non-legal work, are not licensed, or are working under close supervision, the exemption may not apply—and you may be legally entitled to 1.5x pay for all hours over 40/week.

When Do Lawyers Qualify for Overtime Pay?

You may qualify for overtime if:

• You’re a recent law school graduate waiting on bar admission
  
  
• You work in document review, compliance, or non-litigation support
  
  
• You’re hired as a contract attorney through a staffing agency
  
  
• You’re performing clerical or administrative tasks not considered “practicing law”
  
  
• You’re paid by the hour without a guaranteed salary
  
  

👩‍⚖️ Even if you work in a law firm, you may be eligible for overtime if your duties are primarily non-exempt.

What If You’re Misclassified as Exempt?

Misclassification is common. If you’re labeled “exempt” but your job duties don’t meet the legal test, your employer may owe you:

• Back pay for overtime worked
  
  
• Liquidated damages (often double the wages owed)
  
  
• Interest and legal fees
  
  

A misclassified lawyer working 60 hours/week could be owed tens of thousands of dollars in unpaid wages over time.

Can Contract Attorneys Get Overtime Pay?

Yes—many contract attorneys do not meet the exemption criteria if:

• They’re paid hourly
  
  
• They’re performing repetitive tasks (e.g., doc review)
  
  
• Their work is heavily supervised and non-legal in nature
  
  

💼 In fact, courts have ruled in favor of contract attorneys in several high-profile overtime cases.

What About Paralegals and Legal Assistants?

Paralegals, legal secretaries, and legal assistants are not exempt under the FLSA—even if they have law-related degrees or certifications.

If they work more than 40 hours a week, they are entitled to overtime pay unless an alternative exemption applies (which is rare).

Signs You Might Be Owed Overtime Pay

You might have a claim if:

• You’re regularly working 50–60+ hours/week without extra pay
  
  
• You’re paid hourly or on a contract basis
  
  
• You’ve never received an explanation about your exemption status
  
  
• You’re required to clock in/out but never paid for extra time
  
  
• You’re pressured to work “off the clock” or underreport hours
  
  

If any of these apply, it’s time to talk to an employment attorney.

What Can You Recover from an Overtime Claim?

If your employer violated overtime laws, you may be entitled to:

Some employees recover five-figure settlements or more, especially if violations happened over several years.

Can You Be Fired for Demanding Overtime Pay?

No. It is illegal for an employer to retaliate against you for:

• Asking about your pay classification
  
  
• Filing a complaint with HR or a government agency
  
  
• Consulting with a lawyer
  
  
• Participating in a wage investigation or lawsuit
  
  

If you’re fired or harassed for asserting your rights, you may also have a retaliation claim in addition to your unpaid wage case.

How The Lange Firm Can Help

At The Lange Firm, we help legal professionals across Texas fight for the wages they’ve earned. Whether you’re a paralegal, recent law graduate, contract attorney, or legal admin—we’ll help you:

• Determine if you’re misclassified
  
  
• Calculate what you’re owed
  
  
• File a wage claim or lawsuit
  
  
• Recover lost income and penalties
  
  

📞 Don’t let your long hours go unpaid. Contact The Lange Firm today for a free consultation and find out what your time is really worth.

Final Takeaway

Not all legal professionals are exempt from overtime. If you’re working long hours without extra pay, you may be entitled to substantial compensation.

✅ Don’t guess—get answers. Speak with a Texas employment attorney who knows the law and will fight for your paycheck.