The U.S. Court of Appeals for the Second Circuit recently decided to allow an overtime pay claim under The Fair Labor Standards Act (FLSA) by an attorney who engaged in document review to proceed to discovery. The decision, in Lola v. Skadden, Arps, Slate, Meagher & Flom, 2015 WL 4476828 (2d Cir. July 23, 2015), raises the risks to law firms that used such attorneys in the past and continue to use them now. Nevertheless, firms that used attorneys for document review can still mitigate their legal risk from such claims. Also, firms can continue to employ them without unreasonable legal risk.
‘Lola v. Skadden Arps’
In Lola, plaintiff, David Lola, alleged in his complaint that “his entire responsibility…consisted of (a) looking at documents to see what search terms, if any, appeared in the documents; (b) marking those documents into the categories predetermined by defendants, and (c) at times drawing black boxes to redact documents based on specific protocols that defendants provided.”
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