S.D. Florida cuts wage and hour fee award 30%, including for clerical work | LegalTime AI

S.D. Florida cuts wage and hour fee award 30%, including for clerical work

Epsilantis v. Scozzari Roof Services Contracting & Consulting, Inc. et al, No. 2:21-cv-14195. District Court, S.D. Florida, Judge Aileen M. Cannon. Decided . Read the opinion

Requested
$230,156.25
Awarded
$161,113.50
Cut
30%$69,042.75

Wage and hour · Fair Labor Standards Act · Fee applicant's counsel: USA Employment Lawyers

What happened

USA Employment Lawyers, counsel for the fee applicant, requested $230,156.25 in attorney fees under the Fair Labor Standards Act for 741.69 hours. The court awarded $161,113.50, a reduction of $69,042.75 or 30%. The court applied a 30% across-the-board reduction to the total hours, finding redundant staffing, excessive billing, and time billed for clerical tasks. The figures do not include costs.

What the court said

Clerical work billed as legal work · 30% reduction
Based on my finding of redundant hours, excessive billing, and time billing for clerical tasks, I find that a 30% across-the-board reduction of the hours is justified.

The court also reduced the award for: duplicative staffing, excessive hours.

Why it matters

The ruling shows that courts will reduce a fee award across the board when time records show redundant staffing, excessive billing, or clerical tasks billed as legal work, rather than adjusting individual entries line by line.

How to keep this out of your fee petition

  • Leave purely clerical work off the fee petition.
  • Describe paralegal tasks so the substantive work is clear.
  • Split mixed entries into their substantive and clerical parts.

Cite this ruling

Epsilantis v. Scozzari Roof Services Contracting & Consulting, Inc., No. 2:21-cv-14195 (S.D. Fla. May 3, 2024)

See hourly rates the S.D. Florida approves and attorney fee motions in Florida federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.

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