Second Circuit Allows Contract Attorney OT Lawsuit to Go Forward

July 23, 2015

U.S. Second Circuit Court of Appeals holds that contract attorneys hired for document review may pursue claims for unpaid overtime against Big Law firm, Skadden Arps. The district court had dismissed the case finding that document review necessarily constituted the “practice of law” and therefore the contract attorneys were exempt from the overtime requirements of the FLSA pursuant to the professional exemption. The contract attorney business model has been lucrative for Big Law. Could be a game changer if the contract attorney plaintiffs are ultimately successful.