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News | Aug 28, 2010

Two Recent FLSA Attorney’s Fee Decisions

Two recent decisions (one of which was obtained by our law firm) uphold the well-established principle that FLSA attorney’s fees need not be proportional to the back wages awarded to workers in FLSA lawsuits. First, in Gonzalez v. Bustleton Services, Inc., 2010 U.S. Dist. LEXIS 85153 (E.D. Pa. Aug. 18, 2010), a Pennsylvania district court awarded The Winebrake Law Firm $73,195 in attorney’s fees and $2,871.78 in costs after a jury trial in which less than $20,000 was awarded to Philadelphia landscaping employees who alleged that they performed off-the-clock work. In Oliva v. J.T.T. Enterprises Corp., 2010 U.S. Dist. LEXIS 88043 (D. Md. Aug. 25, 2010), a Maryland district court awarded $84,058 in attorney’s fees and $12,534.35 in costs after a jury trial in which 5 of the 8 plaintiffs recovered no damages and less than $5,000 was awarded to the remaining 3 plaintiffs.

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