United States Second Circuit

In a putative class action against law firm Skadden, Arps, Slate, Meagher & Flom LLP and Tower Legal Staffing, Inc. for violations of the overtime provision of the Fair Labor Standards Act, 29 U.S.C. sections 201 et seq. (FLSA), arising out of plaintiff's work as a contract attorney in North Carolina, the district court's dismissal of the action is vacated where, although state not federal law informs FLSA's definition of "practice of law", and North Carolina has the greatest interest in this litigation, the district court erred in its conclusion that by undertaking the document review plaintiff was allegedly hired to conduct, plaintiff was necessarily "practicing law" within the meaning of North Carolina law.

Appellate Information

• Decided 07/23/2015
• Published 07/23/2015

Judges

• POOLER

Court

• United States Second Circuit

Counsel