An attorney and his lawyer made headlines recently when he asserted an FLSA claim against prominent Manhattan law firm Skadden Arps claiming the firm owed him overtime pay for his work as a contract attorney on large scale litigation handled by Skadden.  On Wednesday, Judge Richard J. Sullivan granted Skadden’s motion to dismiss the claim.  

The FLSA’s learned professional exemption provides an exemption from overtime for employees who have academic credentials in a field of “science or learning customarily acquired prolonged academic instruction” and who utilize this formal educational training in the performance of their job duties. Typical examples include doctors, lawyers, and certified public accountants, and doctors and lawyers need