Often the threat of the plaintiff’s potential ability to recover attorney’s fees is greater than the actual damages that they can prove. This can be frustrating for employers defending wage and hour claims, in both the individual and class action context. Indeed, an employer must understand the potential damages and exposure of fees they may
Yesterday, Governor Brown signed into law SB 462 which amends Labor Code section 218.5 to only allow employers to recover their attorney’s fees and costs upon a finding by the court that the employee brought the claim in bad faith. This Labor Code section applies to actions for nonpayment of wages, fringe benefits, or health
Laura Young was terminated after closing down a 24-hour service station for several hours, in violation of company policy, sued her employer and her supervisor, Angela Lopez (the station manager), alleging claims of harassment on the basis of mental disability, retaliation, and wrongful termination, among others.
The employer and supervisor won summary judgment, ending the