Legal worker sues over classification of duties performed
A temporary legal worker at a New York-based law firm believes the work he performed is eligible for overtime pay under the Fair Labor Standards Act.
The former employee, who did about 15 months worth of document review and was hired through a staffing agency, believed his work didn't rise to the level of a professional exemption according to the FLSA, news source Law 360 reported. The ex-worker called the nature of his duties mechanical and not directly related to practicing law.
The FLSA includes exceptions to hourly and overtime compensation for employee time, as long as various tests applied to such situations are passed. In this case the professional exemption, often used for lawyers and others who go through specialized education, had been applied.
To meet the professional requirements, workers must earn at least $455 per workweek and utilize high-level knowledge of a specialized nature that is commonly acquired in an educational setting, among other items. Additionally, the law specifically states that licensed professionals in fields like law and medicine are exempt as long as the certification or license is valid.
Taking the time to make sure employees meet the salaried exemptions of the FLSA, as well as setting up attendance tracking software to mark all hours worked, can help businesses be compliant with labor laws.
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