Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
Existing law, with certain exceptions, requires a court in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, to award reasonable attorneys' fees and costs to the prevailing party if any party to the action requests attorney's fees and costs at the time action is initiated.
To print this article, all you need is to be registered or login on Mondaq.com.
Existing law, with certain exceptions, requires a court in any
action brought for the nonpayment of wages, fringe benefits, or
health and welfare or pension fund contributions, to award
reasonable attorneys' fees and costs to the prevailing party if
any party to the action requests attorney's fees and costs at
the time action is initiated.
Senate Bill 462 amends California Labor Code §218.5 to make
the award of attorneys' fees and costs where the prevailing
party is not an employee contingent on a finding by the court that
the employee brought the court action in bad faith. The law does
not apply to actions brought by the California Labor Commissioner.
The law also does not apply to a claim for which attorneys'
fees are recoverable under California Labor Code § 1194, which
allows an employee to sue for unpaid or underpaid minimum wages or
overtime and recover reasonable attorneys' fees if they prevail
in the action.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Fee Award To Prevailing Employer In Certain Actions Requires Employee Bad Faith
United StatesEmployment and HR
Contributor
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
