Overtime Pay For Attorneys

In a comment on lawsuits filed by attorneys who claim they were not performing “attorney” work and are therefore entitled to overtime for their labor in class actions filed under the Fair Labor Standards Act, Mark Tabakman of Fox Rothschild takes exception to a district court decision setting a test for what constitutes the practice of law. He calls the test unworkable, and says document reviewers are utilizing their legal judgment even though the work is tedious and repetitive.