MICHELLE CHILDS, District Judge.
This matter
Defendant House of Raeford, Inc. d/b/a Columbia Farms ("Columbia Farms") operates a chicken processing plant located in Greenville, South Carolina. Plaintiffs are a group of current and former employees of Columbia Farms' Greenville plant who worked on a production line, cutting and de-boning chickens. At the time of Plaintiffs' employment with Columbia Farms, the Columbia Farms' Greenville plant was covered by a collective bargaining agreement ("CBA"). The CBA applied to all production and maintenance employees at the Greenville plant, whether they were union members or not.
Plaintiffs brought a collective action against Columbia Farms under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201, et. seq., and the South Carolina Payment of Wages Act ("SCPWA"), S.C. Code Ann. §§ 41-10-30 and 40, for Columbia Farms' failure to pay compensation which Plaintiffs alleged they were due.
Columbia Farms filed a Motion for Summary Judgment [Doc. 55] as to each of the causes of action asserted in Plaintiffs' Amended Complaint [Doc. 27]. The court granted summary judgment in favor of Columbia Farms as to Plaintiffs' FLSA wage and overtime claims related to time spent donning and doffing sanitary and protective gear and Plaintiffs' SCPWA claims to the extent that they were based on Columbia Farms' alleged failure to pay overtime for Plaintiffs' time donning and doffing sanitary and protective gear. A jury trial was held in November 2011, in which the jury delivered a verdict in favor of sixteen of the seventeen Plaintiffs and an award of damages totaling $16,583.00. Subsequently, Plaintiffs filed Plaintiffs' Motion for Treble Damages [Doc. 159], requesting an award of treble damages and prejudgment interest. The court granted Plaintiffs' Motion for Treble Damages and amended the judgment to award treble damages totaling $49,749.00 and prejudgment interest as to the sixteen prevailing plaintiffs.
Plaintiffs seek attorneys' fees and costs under the SCPWA. Section 41-10-80(c) of the South Carolina Code of Laws provides in pertinent part:
Id. This provision is not mandatory. Rice v. Multimedia, Inc., 318 S.C. 95, 99, 456 S.E.2d 381, 384 (1995). In using "may" rather than "shall," the South Carolina Legislature has provided that discretion in allowing treble damages or attorney's fees rests with the judge. Id. at 98, 456 S.E.2d at 383. An employee is not entitled to treble damages or attorney's fees under the SCPWA where a bona fide dispute existed as to the wages allegedly due. See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 518 S.E.2d 591 (1999). In its Order [Doc. 172], the court held that to the extent that the jury found that Columbia Farms did not pay all wages due to Plaintiffs, no bona fide dispute existed as to the payment of those wages. Accordingly, an award of attorneys' fees in favor of Plaintiffs is appropriate.
Upon finding that an award of attorneys' fees is appropriate, the court is charged with determining the reasonable amount of fees to award to the petitioning party. See In re Abrams & Abrams, P.A., 605 F.3d 238, 243 (4th Cir. 2010). The court's determination of the reasonableness of a fee award begins with the court's calculation of the lodestar figure. See Robinson v. Equifax Information Srvs., LLC, 560 F.3d 235, 243 (4th Cir. 2009). The lodestar amount is calculated by multiplying a reasonable hourly rate by the number of hours reasonably expended. Id. The Fourth Circuit has adopted a 12-factor test for making a lodestar determination. These factors include:
Robinson, 560 F.3d at 243 (citing Barber v. Kimbrell's Inc., 577 F.2d 216, 226 n.28 (4th Cir. 1978)). The court may find that some of the factors are inapplicable; as such, these factors need not be strictly applied. See E.E.O.C. v. Service News Co., 898 F.2d 958, 965 (4th Cir. 1990).
Plaintiffs' counsel contend that they expended approximately 891.09 hours of labor in relation to prosecuting Plaintiffs' SCPWA claims. This includes727.45 hours of attorney labor at a rate of $300.00 per hour, 107.85 hours of attorney labor at a rate of $200.00 per hour, and 55.79 hours of paralegal labor at a rate of $75.00 per hour. In addition, Plaintiffs' seek $4,650.55 in litigation costs. Plaintiffs' counsel have submitted to the court their itemized fees and costs, which Plaintiffs' counsel assert have been reduced to reflect only the fees and costs associated with Plaintiffs' SCPWA claim.
The court notes that this case involved multiple plaintiffs and over two and one-half years of litigation resulting in approximately five days of trial before a jury and numerous post-trial motions. In expending time in relation to pursuing Plaintiffs' claims, Plaintiffs' counsel were precluded from devoting such time to work for other existing clients or potential clients. While the litigation of SCPWA claims did not generally present novel issues that would be unfamiliar to attorneys seasoned in the practice of this area of law, a notable amount of counsels' argument before the court related to the issue of preemption of Plaintiffs' claims, an issue highly contested between the parties.
Columbia Farms does not dispute the experience, reputation, or ability of Plaintiffs' counsel or that Plaintiffs' counsel has the skill required to perform the legal service necessary for prosecuting Plaintiff's SCPWA claims. Furthermore, Columbia Farms does not dispute that Plaintiffs' counsel's hourly rates reflect customary charges for such services. Rather, Columbia Farms argues that the requested fees do not accurately represent time spent in relation to Plaintiffs' SCPWA claims.
It appears to the court that Plaintiffs' counsel reduced hours billed to reflect time spent only in relation to Plaintiffs' SCPWA claims. However, a careful review of Plaintiffs' counsel's time records indicates some duplication of efforts by counsel, as over $7,000.00 of the fees requested relate to communication between co-counsel by way of emails, telephone calls, and conferences. In addition, it appears that Plaintiffs' counsel dedicated over $35,000.00 in fees to Plaintiffs' Motion for Partial Summary Judgment as to their South Carolina Payment of Wages Act Claim ("Plaintiffs' Motion for Partial Summary Judgment") [Doc. 54], on which Plaintiffs did not prevail.
Based on the court's evaluation above, the court determines that the factors weigh in favor of reducing the court's award of attorneys' fees requested by $21,000.00 to reflect an approximate fifty percent reduction in the requested fees associated with communication between co-counsel and Plaintiffs' Motion for Partial Summary Judgment.
For the foregoing reasons, the court hereby