783 F. Supp. 2d 509
S.D.N.Y.2011Background
- Plaintiffs Allende and Espino sued their former employer Unitech Design, Inc. and its President/CEO Hahn under the FLSA and NYLL for unpaid overtime.
- On January 28, 2011, the parties settled damages but did not resolve attorneys' fees.
- Plaintiffs moved for attorneys' fees and costs totaling $98,369.22.
- The matter was submitted to Magistrate Judge Peck for fees and costs.
- The court applied the lodestar method, reduced duplicative time by 7%, and awarded $87,432 in fees plus $4,356 in costs, total $91,788.
- Judgment was entered for the plaintiffs accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are plaintiffs entitled to attorneys' fees under the FLSA and NYLL? | Allende asserts entitlement to reasonable fees and costs. | Unitech disputes the quantum, not entitlement. | Yes; plaintiffs are entitled to reasonable fees and costs. |
| Is the lodestar method appropriate for determining reasonable fees? | Allende supports lodestar as objective and presumptively sufficient. | Unitech may contest hours/rates but not the method itself. | Lodestar method is appropriate and presumptively sufficient. |
| Are the rates used for hourly billing reasonable? | Allende argues rates for Vladeck partners/associates and Gross are reasonable. | Unitech contends rates may be high. | Hourly rates deemed reasonable for the case context. |
| Have the hours been reasonably expended and should duplicative time be reduced? | Allende argues hours were reasonable overall. | Unitech highlights duplication and excess time. | Court reduces fees by 7% for duplicative/overly vague entries; net fee: $87,432. |
| Should costs be awarded as requested? | Allende seeks costs including interpreters and transcripts. | Unitech challenges some interpreter costs as excessive. | Costs awarded at $4,356.00 as reasonable. |
Key Cases Cited
- Young v. Cooper Cameron Corp., 586 F.3d 201 (2d Cir. 2009) (fee shifting requires reasonable attorney's fees; not proportional to damages)
- Barfield v. N.Y.C. Health & Hosp. Corp., 537 F.3d 132 (2d Cir. 2008) (prevailing plaintiff entitled to reasonable fees and costs under FLSA)
- Kahlil v. Original Old Homestead Rest., Inc., 657 F. Supp. 2d 470 (S.D.N.Y. 2009) (reiterates entitlement to reasonable fees under FLSA/NYLL)
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 522 F.3d 182 (2d Cir. 2008) (factors for adjusting lodestar; some factors absorbed in hours/rates)
- Perdue v. Kenny A., 559 U.S. 542 (2010) (enhancements are rare; specific evidence required; lodestar presumption strong)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (standard for determining reasonable hours and adjustments to the lodestar)