It Did Satisfy Labor Code Section 218.5 Entitlement Statute, Notwithstanding Lower Court Believing It Was A Breach Of Contract Matter.
In Brunoehler v. Amstem Corp., Case No. B252545 (2d Dist., Div. 5 Oct. 10, 2014) (unpublished), a plaintiff obtained a hefty $537,657.49 judgment against former employer for unpaid salary and other benefits. However, the lower court denied his request for attorney’s fees under Labor Code section 218.5 because it felt this was not a wage/hour case but only a breach of contract matter.
The fee refusal was reversed on appeal. Plaintiff’s claims for unpaid salary and waiting time penalties certainly fell within the section 218.5 entitlement for fees when it came to wage/hour type matters. His general prayer for fees and costs was also sufficient to meet 218.5 requirements. Reversed, with fees to be awarded on remand.