Are Contract Attorneys Entitled to OT?

Everyone who has worked as a contract attorney knows the difference between 'straight time' and 'OT.'  Lately, law firms have been opting for straight time, meaning that you are paid the same rate--no matter how many hours you slave away.  Contract attorneys seem to accept this because they are professionals and not permitted OT under the law, or so they thought.  Well, if you feel differently, you may want to contact Moshe Kopliwitz.  He begs to differ with the 'straight pay' method of payment:

Lawyer Sues Firm for Failing to Pay Overtime 

By JOHN ELIGON
A lawyer is suing his former New York-based employer, alleging that the law firm violated federal labor laws by not paying time-and-a-half for overtime.

In a complaint filed Wednesday in federal court in Manhattan, the lawyer, Moshe Koplowitz, said that the firm he did temporary work for, Labaton Sucharow, did not pay him at a higher rate when he worked more than 40 hours in a week.

Mr. Koplowitz worked only a few months at the firm because he was hired as a temporary employee, and he sometimes worked more than 50 hours a week, said D. Maimon Kirschenbaum, the lawyer who drafted the complaint.

Mr. Kirschenbaum said that federal law required employees paid by the hour to receive one-and-a-half times their regular pay for every hour over 40 hours worked in a week.

The suit seeks to become a class action, and Mr. Kirschenbaum said he believed that Labaton Sucharow was not the only firm that underpaid its employees.

“People are afraid to bring these kinds of cases because they don’t want to be blacklisted,” Mr. Kirschenbaum said. “I would hope people use this as a wake-up call to get the money that’s clearly owed to them.”

A spokeswoman for Labaton Sucharow said late Wednesday afternoon that the firm had yet to receive a copy of the complaint and needed to review it before commenting.

Go Moshe!  I hope you win.  And contact D. Maimon Kirschenbaum if you want to join the lawsuit.  There is power in numbers.