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Home » Attorney's Fees » E.D.N.Y.: Plaintiff’s Prevailing Fees Not Subject to Reduction Because of Low Opt-in Rate

E.D.N.Y.: Plaintiff’s Prevailing Fees Not Subject to Reduction Because of Low Opt-in Rate

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Estrella v. P.R. Painting Corp.

The E.D.N.Y. joined Courts from around the Country, (see, e.g. Prater v. Commerce Equities Management Co., Inc., 2008 WL 5140045 (S.D.Tex. 2008)), and found that where, as here, the Plaintiffs recovered their full unpaid overtime compensation, the prevailing Plaintiff’s attorney’s fees were not subject to reduction, based on a low opt-in rate to Plaintiff’s Court-approved Notice.  Additionally, the Court reiterated that an attorney’s travel time is compensible at 50% their normal rate.


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