NEW YORK — On September 16 of this year, David Lola’s putative collective action overtime pay lawsuit against Skadden Arps Slate Meagher & Flom LLP and Tower Legal Staffing Inc. was dismissed in a New York federal court based on North Carolina’s definition of “practice of law.” Lola has now filed a notice of appeal with the Second Circuit Court of Appeals. In his appeal, Lola is seeking to revive his claim under the Fair Labor Standards Act (FLSA) and overturn the September 16 dismissal and the final judgment which was entered on September 18.
The Claim Background
Skadden contracted the services of Lola through Tower Legal in 2012. Lola, a licensed attorney in North Carolina, provided services as a “temporary contract attorney” for Skadden for about 15 months in North Carolina. According to the lawsuit Lola filed in July 2013, he regularly worked between 45 and 55 hours a week. His responsibilities during that time included reviewing documents related to litigation, as well as other routine and mechanical tasks. He claimed these tasks did not require legal knowledge or training and, therefore, they did not constitute the “practice of law.”
Under the FLSA and North Carolina state law, those individuals with a license to practice law who are engaged in the practice of law are exempt from overtime pay requirements. The district judge looked at how North Carolina law defined “engaged in the practice of law.” The judge determined that, even though the tasks may be routine, they are within the scope of “practice of law” under the applicable state laws and dismissed the lawsuit. Even though the state law claim has been dismissed, Lola may still have a claim under the FLSA, hence his current appeal.
Application of State Laws
Lola filed his lawsuit in a New York district court, even though he performed all of his work in North Carolina. There are a number of reasons for bringing lawsuits in states other than the one where work is performed. For instance, the state where the company is based may be more supportive of employee rights than the state where the alleged violation occurred. Or it may be more convenient for both parties to choose one state over the other. But, regardless of which state the lawsuit is filed in, New York in this case, that court will be bound to apply the laws of the state where the violations occurred if the claim says state laws were violated.
Determining if you have a state or federal claim for unpaid overtime wages or which court to file your claim in can be complicated and confusing. Our experienced team of overtime pay lawyers can help ease the confusion and discuss your situation today at (855) 754-2795. Or you can complete the Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.