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ARTICLE · 03 AUGUST 2015

Second Circuit Revives Contract Attorney's Misclassification Suit

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On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower Legal Staffing, Inc., alleging violations of the overtime provisions of the Fair Labor Standards Act.

United StatesEmployment and HR
Mark Batten
Mark Batten
Elise Bloom
Elise Bloom
Allan Bloom
Allan Bloom
Rebecca Sivitz
Rebecca Sivitz
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On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower Legal Staffing, Inc., alleging violations of the overtime provisions of the Fair Labor Standards Act.  The Second Circuit held that the plaintiff adequately pled that document review may not necessarily constitute "practicing law" under North Carolina law.

Plaintiff David Lola, a contract attorney, conducted document review for Skadden in 2012 and 2013 in connection with a multi-district litigation.  Lola alleged that his document review was closely supervised and primarily consisted of:

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