D. Arizona cuts wage and hour fee award, including for clerical work
Xalamihua v. GGC Legacy Janitorial Services LLC et al, No. 4:23-cv-00009. District Court, D. Arizona, Judge Bgm. Decided . Read the opinion
The court applied the reductions below but did not state requested and awarded totals we could check against the opinion, so no overall percentage is shown.
Wage and hour · Fair Labor Standards Act
What happened
The plaintiff in a Fair Labor Standards Act case sought attorney fees for 16.8 hours. The court awarded fees at an hourly rate it described as identical to the rate for the same attorney in two FLSA suits resolved less than a year earlier. It deducted 2.1 hours for nonreimbursable clerical tasks billed as legal work and declined to award fees for time tied to defendants the plaintiff had voluntarily dismissed. The court awarded 14.7 hours. No dollar totals were stated.
What the court said
The Court deducts 2.1 hours from the total billed amount for the following nonreimbursable tasks
The court also reduced the award for: hourly rate reduced, unrelated claims.
Why it matters
The ruling shows courts will separate clerical tasks from legal work when reviewing time records and will reduce hours billed for them. It also confirms that a rate accepted in recent comparable cases can anchor the rate awarded, and that time tied to voluntarily dismissed defendants may be excluded.
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
Xalamihua v. GGC Legacy Janitorial Services LLC, No. 4:23-cv-00009 (D. Ariz. Mar. 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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