S.D. Texas cuts wage and hour fee award 1.2%, including for clerical work

What happened

The Estate of Terry Gentry sought $86,065 in attorney fees under the Fair Labor Standards Act. The magistrate judge recommended awarding $85,035, a reduction of $1,030. The court reduced 1.1 hours ($715) for travel time and 0.7 hours ($315) for clerical work billed as legal work. The figures do not include costs.

What the court said

Plaintiffs dispute HR-IT’s “characterization,” but “agree to a [$315] reduction in the interest of bringing this case to a timely end.”

The court also reduced the award for: travel time.

Why it matters

The ruling shows that courts will trim fee requests for travel time and for clerical tasks billed at legal rates, even when the overall reduction is small. It also shows that a party's agreement to a reduction can resolve a disputed billing entry without further litigation.

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 S.D. Texas approves and attorney fee motions in Texas 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.