Labor/Employment
May 17, 2012
Legislative history: no fee-shifting in meal and rest break litigation
A closer look at the enactment of certain Labor Code sections reveals its intention not to permit fee-shifting. By Gerald Knapton and Kim Karelis of Ropers, Majeski, Kohn & Bentley PC
We now have a new illustration of a well-reasoned and balanced legal analysis by a unanimous state Supreme Court in Kirby. The plaintiffs settled with certain defendants, but not with their employer Immoos and then dismissed their complaint with prejudice against all defendants. Immoos subsequently filed a motion to recover its attorney fees arising from plaintiffs' claims, which was granted by the trial court....
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