D. Arizona cuts wage and hour fee award 16%, including for clerical work | LegalTime AI

D. Arizona cuts wage and hour fee award 16%, including for clerical work

Rodriguez v. D'Auto Boys LLC et al, No. 2:22-cv-01420. District Court, D. Arizona, Judge Stephen M. McNamee. Decided . Read the opinion

Requested
$6,586
Awarded
$5,530
Cut
16%$1,056

Wage and hour · Fair Labor Standards Act

What happened

The plaintiff's counsel in an FLSA wage and hour case requested $6,586 in attorney fees. The court awarded $5,530, a reduction of $1,056 or 16%. It reduced the requested hourly rate, consistent with authority in the district, and reduced the requested hours by 0.8 to account for clerical tasks that are not compensable as legal work. The court awarded 14 hours.

What the court said

Clerical work billed as legal work
The Court will reduce counsel’s requested hours to account for non-compensable, clerical tasks.

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

Why it matters

The ruling shows that courts will adjust both rates and hours on a fee petition, and that time spent on clerical tasks billed as legal work can be cut even in a modest fee request. It also confirms that district courts look to local authority when setting hourly rates.

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

Rodriguez v. D'Auto Boys LLC, No. 2:22-cv-01420 (D. Ariz. Apr. 5, 2024)

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.

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