Attorney Fees

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7^th Circuit Court of Appeals

Case Name: Timothy J. Fast v. Cash Depot, LTD.,

Case No.: 18-3571

Officials: FLAUM, KANNE, and SCUDDER, Circuit Judges.

Focus: Attorney Fees

Cash Depot underpaid employees for their overtime work. Timothy Fast, a former employee, filed this action under the Fair Labor Standards Act on behalf of himself and other Cash Depot employees. In response, Cash Depot hired an accountant to investigate the matter and subsequently issued checks to all underpaid current and former employees covered by the suit. The company also issued checks to Fast for his underpaid wages, an amount for liquidated damages under the FLSA, and the amount of Fast’s disclosed attorney fees to that point in the litigation. Fast and his attorney never cashed their checks.

Cash Depot then moved to dismiss the suit as moot or, alternatively, for summary judgment. The district court denied the motion to dismiss because Fast contested whether Cash Depot correctly calculated the amount it owed him and other employees. However, the court granted partial summary judgment for Cash Depot, “to the extent that [it] correctly calculated” what it owed Fast. Eventually Fast’s attorney conceded that Cash Depot correctly paid the missing wages and urged that only a dispute over additional attorney fees remained.

After Fast’s demand for additional attorney fees went unanswered, he filed a motion for attorney fees. Cash Depot responded in kind with a motion to dismiss or, alternatively, a motion for summary judgment. The court determined that because Fast was not a prevailing party for the purposes of the FLSA, he was not entitled to attorney fees, and granted Cash Depot’s motion for summary judgment. Fast appeals, arguing that he was a prevailing party and is entitled to reasonable attorney fees. But because he never received a favorable judgment, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.