The Eleventh Circuit Court of Appeals recently ruled that attorneys are not entitled to overtime under the Fair Labor Standards Act (“FLSA”). Okonkwo v. The Callins Law Firm, No. 16-10192, 2016 WL 4916850(11th Cir. Sep. 15, 2016).
This ruling really should come as no surprise to any attorney who practices wage and hour law. The FLSA expressly exempts those employees who are “employed in a bona fide … professional capacity.” 29 U.S.C. 213(a)(1). Moreover, the United States Department of Labor (“DOL”) has defined a “bona fide professional” as “[a]ny employee who is the holder of a valid license or certificate permitting the practice of law … and is actually engaged in the practice thereof.” 29 C.F.R. 541.304(a)(1).
Nevertheless, the plaintiff in Okonkwo argued that, as a matter of policy, she should receive overtime because she was paid an hourly wage instead of on a salary basis. The Eleventh Circuit rejected that argument because DOL regulations expressly provide that the salary basis test does not apply to licensed attorneys. 29 C.F.R. 541.304(d). The Court deferred to those regulations.
Okonkwo simply reinforces that professionals like doctors and lawyers are not entitled to overtime.