D. Arizona cuts wage and hour fee award 24%, including for clerical work

What happened

The plaintiff sought $6,319 in attorney fees under the Fair Labor Standards Act for 14.2 hours of work. The court awarded $4,800, a reduction of $1,519 or 24%. It reduced the hourly rate, finding a rate slightly higher than previously awarded in the District of Arizona reasonable, and reduced the billed hours by 2.2 for time charged on clerical tasks. The figures do not include costs.

What the court said

Accordingly, counsel's billed hours in this matter will be reduced by 2.2 hours, the amount of time charged for the following:

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

Why it matters

The ruling shows that courts will separate clerical tasks from legal work when reviewing time records, and will reduce hours billed for clerical activity even in a modest fee request. It also confirms that hourly rates are measured against prior awards in the same district.

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.