Former paralegal at Houston law firm files FLSA suit

A former paralegal at the Mostyn Law Firm in Houston filed a complaint in federal court on Aug. 3 alleging the firm failed to pay her and others at an overtime rate when the firm “required and/or permitted” her and others to work more than 40 hours a week. In Sherri L. Davis v. Mostyn Law Firm P.C., filed in the U.S. District Court for the Southern District of Texas, Davis seeks class-action status for the complaint. Davis alleges the firm violated the Fair Labor Standards Act when she was required to work more than 40 hours a week and the firm failed to compensate her at the “FLSA mandated time-and-a-half rate” for hours in excess of 40 a week.” She alleges, “Defendant’s method of paying Plaintiff in violation of the FLSA was willful and was not based on a good faith and reasonable belief that its conduct complied with the FLSA.” She also alleges that other current or former paralegals at the Mostyn Law Firm were not compensated for their overtime work. Davis seeks damages to recover unpaid overtime compensation for herself and class members, and alleges she and class members are entitled to an equal amount as liquidated damages under 29 U.S.C. §216(b). Davis’ attorney, Alex Mabry of the Mabry Law Firm in Houston, declines to estimate how much his client could be due in damages or the number of potential class members. He says Davis worked at the Mostyn Law Firm from June 2007 through early March 2009. Steve Mostyn, founder of the Mostyn Law Firm, says Davis’ allegations have “no merit.” He alleges the 38-lawyer firm paid Davis properly because she supervised paralegals and other personnel. He says most of the firm’s paralegals do not have supervisory duties, are paid on an hourly rate and would be eligible for overtime pay. “Even if they wanted to establish some type of class . . . there’s just no persons who fit that criteria,” Mostyn says.
-- Brenda Sapino Jeffreys

Comments

[boyd belcher]

i have done claims with steve for 12 years now,and he never loses ,i know who amber is and she never returns her phone calls gress she is to busy working overtime!my name is boyd belcher in bridge city,most paralegals are paid to much any way and all they can say is we will check into it!if you dont like the pay go somewhere else.

[court-reporter salary]

Interesting sweet shop ,please update who wins it

[Paralegal salary]

That's a wonderful article. Very informative article for new paralegals.

[J. Wade]

Interesting that $herri L. Davis and her lawyer Alex Mabry filed an FL$A suit against Clark, Burnett, Love & Lee just one week after she filed the same suit against the Mostyn firm. Her motive$ look pretty clear to me.

[John T.]

I did business with the Mostyn firm for six years. Never met anyone named "Amber Kindred" though. I did meet lots of employees who were expected to work hard and get things right for the firm's clients. They were also well compensated and a real family. It's hard to have hundreds of employees and not encounter sour grapes from time to time. That sounds like all this is.

[Amber Kindred]

Steve could care less about his employees. I have worked really close with him and seen how he treats his employees like dirt. I hope he loses this case.

[Online Paralegal Degree]

The news you shared is really good.

[Vivian Ramsey]

They don't care about anyone but themselves. They think that cause they have money they can do and say anything they want and get away with it. They believe that they are untouchable. Hope that they lose power to the little people. hahaha

[Rebecca]

Steve's law firm is nothing but an americanized sweat shop!