HR Management & Compliance

Employer Learns Expensive Lesson on Attorneys’ Fees in FLSA Case

By Ryan B. Frazier, JD

The Fair Labor Standards Act (FLSA) provides for awards of attorneys’ fees and costs “in addition to any judgment awarded to the plaintiff.” Attorneys’ fees can be substantial, and in some cases, they may be much larger than overtime compensation awards.

Employers often believe that attorneys’ fees are unfair and excessive. A Utah employer recently made that argument to the Utah Court of Appeals.

Tiffany Weber sued her employer, Brad Lawson and Mikarose, LLC (collectively, “Mikarose”), for unpaid overtime under the FLSA. Mikarose did not dispute that it owed Weber overtime wages, but there was a disagreement regarding the amount owed. The amount in dispute was less than $2,000.

The court awarded Weber overtime compensation and $37,717.50 in attorneys’ fees. Mikarose appealed, arguing that the award of attorneys’ fees violated the FLSA because it was unreasonable.

How did the court respond to the employer’s objections?

Read more.

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