Labor/Employment
Feb. 18, 2012
State justices to rule on Labor Code fee-shifting provisions
With oral arguments next month, a preview of the issues before the state Supreme Court. By Gerald Knapton and Kim Karelis of Ropers, Majeski, Kohn & Bentley PC
When an employer is sued for not paying the legal minimum wage or overtime compensation, only a prevailing employee is entitled to recover reasonable attorney fees under Labor Code Section 1194. However, when an employer is sued for not paying other wages, fringe benefits, health and welfare contributions or pension fund contributions, the prevailing party (whether the employee or employer) shall recover reasonable ...
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