As mentioned in yesterday’s Morning Docket, William Henig’s case against Quinn Emanuel has survived a Motion to Dismiss. For those of you that haven’t been following this case closely, Henig is the contract attorney-cum-plaintiff suing Quinn for overtime under the Fair Labor Standards Act and New York State law claiming the document review work he was hired to perform does not amount to the practice of law.
While Staci is correct — we humble peasants are rejoicing — I wouldn’t start mentally cashing those back OT checks just yet…
* The Supreme Court might have dismissed the Oklahoma abortion case as improvidently granted, but not to worry, because the high court may yet get the chance to abort a woman’s right to choose in this new case from Texas. [New York Times]
* Wherein Justice Scalia seems highly concerned about toupees: yesterday, Supreme Court justices put their fashion sense to the test when trying to determine what ought to count as clothing under the Fair Labor Standards Act. [WSJ Law Blog (sub. req.)]
* The Senate is forging ahead with the Employment Non-Discrimination Act, but the bill will likely fail in the House because discrimination on the basis of sexual orientation is still cool with John Boehner. [CBS News]
* Bill de Blasio, the Democratic candidate in the NYC mayoral race, apparently has “deep ties” to Gibson Dunn, the firm behind Citizens United. Gather round, conspiracy theorists. [International Business Times]
* An InfiLaw school is changing its name to Arizona Summit Law. How kind to tip law students off to the fact that even if they climb all the way to the top, there’s nowhere to go but down. [National Law Journal]
If you were hoping to spend a year with no pay helping a premier Internet publication write up a sighting of Amanda Bynes at Shake Shack, you may soon be out of luck.
On the heels of Judge William Pauley ruling in favor of unpaid interns in the entertainment industry, the Internet behemoth that is Gawker Media is the subject of a new class action for its unpaid internships.
Which means this was probably a bad day for them to make jokes about the practice of abusing interns…
BP Interns preparing to take over operations at Deepwater Horizon, April 19, 2010.
For the record, that was not the “royal ‘we'” in the title — here at Above the Law, we pay our interns. But a whole lot of folks don’t, because when no one else is hiring, companies can get away with offering to hire folks for the promise of experience and a cup of coffee (disclaimer: “Cup of Coffee” not provided).
Mercifully, law firms haven’t succumbed to the impulse to bring on interns for free. Oops, spoke too soon (fourth item).
But Judge William Pauley of the Southern District of New York delivered some big wins for unpaid interns yesterday…
The ABA agrees that exploitation of law students and other interns is unacceptable; however, the FLSA uncertainty inhibits law firms from offering students the opportunity to work on pro bono matters in a real-life practice setting. …
Furthermore, in the current economic climate with shrunken employment opportunities for law school graduates, hindering the ability of law students and recent graduates to work side-by-side with experienced lawyers who could provide both strong mentoring and favorable substantive references unnecessarily reduces access for future employment prospects.
Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.
New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.
Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….
Aww... does your head hurt? Maybe you'd feel better if you DID YOUR FREAKING JOB!
This has been one hell of a day for ridiculous lawsuits. We’ve already dealt with Octomoms turned strippers and thick girls who want to go to law school. Now we’ve got an office worker who claims that the pressure of her job led to her heart condition.
Accountant Tammy Armstrong is claiming wrongful termination and intentional infliction of emotional distress because her employer asked her to do a lot of work. She also wants to be paid overtime because her employer had the audacity to claim her as a salaried worker and then paid her a salary.
Basically, if she wins, then every single junior office worker in law or finance should be able to sue their employers. Which makes me think she’s not going to win…
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.