Contract lawyer continues to seek overtime compensation
In March, a contract lawyer filed a lawsuit against his employers, a global law firm, seeking overtime compensation. He alleged that due to the menial nature of his work, he should have been classified as nonexempt. On Oct. 22, the co-chair of the firm's white collar and corporate investigations group said the firm was not required to pay the worker overtime and argued that the case should be dismissed.
The plaintiff was employed on a contract basis by the law firm in a position that began in August 2012 and lasted about six weeks, according to American Bar Association Journal. The employee claims that he worked 57 to 60 hours per week during this time, entitling him to overtime pay. According to ABA, the plaintiff was hired through a temp agency to sort documents and search for keywords, work he argues could have been performed by a paralegal or computer.
In an interview with the journal, the employer's legal representation stated that contract attorneys are often reluctant to stand up for violations under the Fair Labor Standards Act because they fear taking action will prevent them from obtaining future employment in the legal industry.
Employing time and attendance software can help managers log employee time in the case of exemption disputes.
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