Employment: Employee Winning About $23,646 In Compensatory Damages In Wage Hour Dispute Properly Awarded $41,000 In Attorney’s Fees

Fee Award Was Reduced From The “Asked” $63,550 In Requested Fees.

            In Bastida v. Zairi, Case No. B301319 (2d Dist., Div. 5 Sept. 29, 2021) (unpublished), an employee (although that characterization was disputed) won about $23,646 in compensatory damages under wage/hour claims.  Plaintiff then sought $63,550 in attorney’s fees under California wage/hour fee-shifting statutes, with the attorney asking for $410 per hour—an hourly rate deemed reasonable.  However, the trial judge reduced the claimed hours such that plaintiff was awarded $41,000 in fees.  That was affirmed on appeal because the defense did not demonstrate how the award was an abuse of discretion as far as amount.

Scroll to Top