E.D. Pennsylvania cuts employment fee award 25.7%, including for clerical work

What happened

The plaintiff in an FLSA case against Drexel University requested $727,699.8 in attorney fees. Judge Wendy Beetlestone awarded $540,543.6, a reduction of $187,156.2 or 25.7%. The court excluded 5.55 hours of scheduling tasks and reduced 0.8 hours of exhibit preparation to a paralegal rate. It also cut 30% of Brian Foley's hours before summary judgment for work on an unrelated claim and reduced 10% of his time for the plaintiff's contentious litigation posture. The awarded hours totaled 615.13.

What the court said

5.55 hours, largely related to scheduling, are not properly billable

0.8 hours for exhibit preparation are only billable at a paralegal rate

The court also reduced the award for: unrelated claims, other.

Why it matters

The ruling shows courts will separate clerical tasks from legal work and adjust rates accordingly, and will reduce hours tied to unsuccessful claims or litigation conduct. Precise time entries that distinguish tasks and claims remain central to sustaining a fee request.

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 E.D. Pennsylvania approves and attorney fee motions in Pennsylvania 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.