Hollen v. Hathaway Electric, Inc., 213 W. Va. 667

Summary

The Supreme Court of Appeals of West Virginia held that an employee prevailing under the West Virginia Wage Payment and Collection Act may recover reasonable attorney's fees for time spent preparing and litigating the fee petition. The court also held that the lower court improperly reduced counsel's compensable hours from 104 to 67 and improperly reduced the hourly rate from $130 to $100. The judgment was reversed and remanded for an award based on 104 hours at $130 per hour, plus reasonable fees for work performed on appeal.

Holdings

1. In an action under the West Virginia Wage Payment and Collection Act, a prevailing employee may ordinarily recover reasonable attorney's fees for time counsel spends preparing and defending the attorney's-fee petition.
2. The circuit court erred by excluding the hours counsel spent preparing and supporting the fee petition; Hollen's counsel was entitled to compensation for the full 104 hours claimed.
3. The circuit court abused its discretion by reducing counsel's hourly rate from $130 to $100; under the circumstances, $130 per hour was a reasonable rate under the Pitrolo factors.
4. A prevailing employee entitled to statutory attorney's fees may recover reasonable fees for work reasonably required to prosecute a successful appeal.
5. The circuit court's refusal to award the requested $200 contingent hourly rate did not constitute an abuse of discretion under the circumstances of this case.

Questions Presented

1. Whether counsel may recover reasonable attorney's fees for time spent preparing and defending the attorney's-fee petition in an action under the West Virginia Wage Payment and Collection Act.
2. Whether the circuit court abused its discretion by reducing counsel's compensable hours from 104 to 67.
3. Whether the circuit court abused its discretion by reducing counsel's hourly rate from $200 to $100.
4. Whether Hollen was entitled to reasonable attorney's fees for work performed in prosecuting the appeal.

Disposition

reversed_and_remanded