Under existing California law, an employee who prevails on his/her claims against an employer for non-payment of wages is entitled to recover his/her attorneys’ fees in addition to the unpaid wages owed. But the same is not true for an employer who prevails. Under existing California law, an employer is not entitled to recover its… Read More
Posts Tagged With: Labor Code 218.5
Governor Brown Signs SB 462 Limiting Attorneys’ Fees to Employers
Existing California law (Labor Code §218.5) awards attorneys’ fees to the successful party in any action brought to recover unpaid wages, fringe benefits, or pension fund contributions. Thus, if an employee brings an action to recover unpaid wages and wins, that employee gets his attorneys’ fees paid by the employer in addition to recovering the wages… Read More
The Prevailing Party on a Labor Code §226.7 Claim for Unpaid Meal and/or Rest Breaks Does Not Get Attorneys’ Fees
The California Supreme Court held that attorneys’ fees are not awardable to the winners in cases involving meal and rest period claims under Labor Code §226.7. In Kirby v. Imoos Fire Protection, Inc., the Court held that a Labor Code §226.7 claim is not a claim for which attorney’s fees can be awarded to a… Read More
