Torres v. K & T Provisions, Inc.
1:20-cv-05642
E.D.N.YMar 28, 2025Background
- Jose Antonio Torres sued K&T Provisions, Inc. and its owner, Robert Eliodromytis, for unpaid minimum and overtime wages under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).
- Torres alleged he worked six days a week, 12-13 hours per day, but was paid $500-$600 per week in cash, without required wage statements or notices.
- Defendants disputed the number of hours worked and claimed Torres was part-time, paid at or above minimum wage.
- After protracted litigation—including discovery, failed mediation, and pretrial conferences—the parties settled: Defendants agreed to pay Torres $30,000 for his claims and $30,000 to his counsel in attorneys’ fees, subject to court approval.
- Plaintiff's counsel submitted contemporaneous time records totaling 162.8 hours and sought court approval for the agreed fees.
- The motion for attorneys’ fees was referred for a report and recommendation, with the court tasked to determine the reasonableness of the request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees under FLSA & NYLL | Fees and costs are mandatory if plaintiff prevails | No opposition to entitlement | Plaintiff is entitled to reasonable fees |
| Reasonableness of hourly rates requested | $400/hr for lead attorney, $100/hr for paralegal reflect market rates for wage/hour work | No specific objection | Requested rates are reasonable |
| Reasonableness of hours billed | 162.8 hours were reasonably necessary for litigation and settlement | No specific objection | Hours billed were reasonable for effort expended |
| Appropriateness of total fee in relation to lodestar | Negotiated fee ($30,000) is less than lodestar and reasonable given all factors | No opposition | $30,000 in fees approved (lodestar multiplier <1) |
Key Cases Cited
- Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) (requiring judicial approval of FLSA settlements to ensure fairness)
- Fisher v. SD Prot., Inc., 948 F.3d 593 (2d Cir. 2020) (fees in FLSA actions not capped by proportionality but by reasonableness)
- Arbor Hill Concerned Citizens Neighborhood Ass’n v. Cnty. of Albany, 522 F.3d 182 (2d Cir. 2008) (establishing the reasonable hourly rate standard for fee awards)
- Millea v. Metro-N. R. Co., 658 F.3d 154 (2d Cir. 2011) (describing the lodestar as presumptively reasonable for fee calculations)