Second Circuit To Weigh Overtime Pay for Contract Lawyers
The appeal, which asks whether some attorney duties are so mechanical that they don't amount to practicing law, could decide the fate of overtime cases facing Skadden and Quinn Emanuel.
May 26, 2015 at 12:27 PM
3 minute read
It's no secret that life as a working lawyer is often more full of paper cuts than courtroom drama. But can the work become so routine and monotonous that it no longer qualifies as practicing law? That's one question a federal appeals court will grapple with later this week in a contract lawyer's wage lawsuit against Skadden, Arps, Slate, Meagher & Flom and Tower Legal Staffing Inc.
On Friday, the U.S. Court of Appeals for the Second Circuit is set to hear arguments pitting Skadden's outside lawyer, Brian Gershengorn of Ogletree Deakins Nash Smoak & Stewart, against Maimon Kirschenbaum of Joseph & Kirschenbaum, who represents contract lawyer David Lola. The appeal explores competing definitions of legal practice, and the boundaries of an exemption for professionals under the Fair Labor Standards Act's overtime pay requirements.
Lola filed a putative class action in July 2013 against Skadden and staffing agency Tower Legal, which had assigned him to perform document review for Skadden on a contract basis. The lawyer claimed that he often worked more than 40 hours per week and deserved overtime pay because his tasks were so mechanical that they fell outside the FLSA's professional exemption.
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