Labor Code Section 98.2(c) is Fee Entitlement Basis.
Labor Code section 98.2(c) provides that a party (employee) unsuccessfully seeking review of a labor commissioner’s decision at the superior court level is liable for attorney’s fees and costs to the employer, if the court awards an amount less than zero.
Well, employee unfortunately, in McDaniel-Guthrie v. Mechanical Analysis/Repair, Inc., Case No. C71425 (3d Dist. May 22, 2014) (unpublished), got zero from the superior court after appealing a labor commissioner decision determining that she was paid all commissions and was entitled to recover zero dollars.
This one was affirmed because the appellate court found the lower court got it right in determining that no commission was due under a final contract where final gross profit was impossible to determine at the time of trial. Fee award in favor of employer affirmed.