D. Arizona cuts wage and hour fee award 51.9%, including for clerical work

What happened

The fee applicant in this Fair Labor Standards Act case sought $11,752.50 in fees and costs for 17.2 hours. The court awarded $5,651.50, a reduction of $6,101.00 or 51.9%, with the figures including costs. It excised 2.0 hours billed for administrative or clerical tasks, leaving 15.2 hours, and reduced the hourly rate, finding the benchmark consistent with most District of Arizona precedent, including a decision by the same court two months earlier.

What the court said

However, the Court will excise several time entries as they are administrative or clerical tasks.

The court also reduced the award for: hourly rate reduced.

Why it matters

The ruling shows that courts will separate clerical or administrative entries from legal work on a fee petition and will set the hourly rate by reference to recent precedent in the district rather than the rate requested.

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

See hourly rates the D. Arizona approves and attorney fee motions in Arizona 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.