Friday, July 9, 2010

Contract Attorney Sues Law Firm for Overtime Pay

An attorney, Moshe Koplowitz, who performed contract work for a law firm, Labaton Sucharow, has filed a lawsuit against said firm alleging he was denied overtime pay in violation of the FLSA for the hours he worked over 40 while he was a temp employee. The New York Times article that talks about the suit isn't detailed enough about what type of work the attorney performed but it raises quite an interesting legal argument considering the FLSA's professional exemption.

I'm guessing the complaint frames Koplowitz's temp work as less than what a lawyer would do and more like what a paralegal/legal secretary would do so that the court can classify him as nonexempt but for policy reasons I have a feeling that won't happen. Any thoughts out there on this?

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