A case that has been filed in New York federal court is claiming that lawyer David Lola did not receive overtime pay guaranteed by the federal Fair Labor Standards Act.

According to The American Law Daily, the case raises the question of whether document review, an aspect of litigation that is conducted largely outside of the courtroom, should be considered part of practicing law. Lola's class action suit against Skadden, Arps, Slate, Meagher & Flom and Tower Legal Staffing brings claims that document review does not qualify as practicing law, and that, according to Lola's attorney D. Maimon Kirschenbaum, the practice is an act of "exploiting the prestige of the profession to screw a lawyer out of his rightful wages."

Above the Law reported that Lola worked hours in excess of 40 hours per week and received a base rate of $25 per hour, and that his pay rate did not increase for time spent working that surpassed the standard 40 hour workweek.

Kirschenbaum believes that law industry professionals are taking advantage of individuals with law degrees in claiming document review is part of practicing law, thereby making them exempt employees under the FLSA. The lawsuit has the potential to alter time and attendance metrics at law firms nationally.

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