D.Or.: FLSA Supports Award Of Attorney Fees For Post-Judgment Collection Efforts

Van Dyke v. BTS Container Service, Inc.

After plaintiff prevailed in this FLSA case, Judgment was entered for $4,724.29 and a Supplemental Judgment for $35,248.10 in attorney fees and costs.  Due to financial difficulties, Defendants failed to satisfy the judgment, necessitating Plaintiff to garnish certain monies from Defendants to satisfy the judgment.  Before the court was Plaintiff’s Supplemental Motion for Attorney Fees for Post-Judgment Collection.  The Court granted the Motion.

The Court explained, “[u]nder Oregon law, attorney fees to enforce a judgment are “legal services related to the prosecution or defense of an action” which the court may consider when it awards attorney fees. Johnson v. Jeppe, 77 Or.App. 685, 688, 713 P.2d 1090 (1986) (quoting ORCP 68).

The Ninth Circuit has not determined if the Fair Labor Standards Act (“FLSA”) supports the court awarding attorney fees for post-judgment collection efforts. But cf. Jones v. Giles, 741 F .2d 245, 250 (9th Cir.1984) (finding no abuse of discretion in the size of the trial court’s $2,500 award for post-judgment attorney fees in an FLSA case without addressing whether such fees were available under the statute). Federal courts have awarded attorney fees for post-judgment collection efforts in other contexts. See Shaw v. AAA Eng’g & Drafting, Inc., 213 F.3d 538, 544-45 (False Claims Act case); Free v. Briody, 793 F.2d 807, 808-09 (7th Cir.1986) (ERISA case). I conclude that the FLSA also allows me to award post-judgment collection fees. Without such an award, a judgment is a hollow victory for a plaintiff who was improperly paid.”