Employment: Employer Winning Wage Nonpayment Claim, Not Based On Minimum Wage Violation Where Attorney’s Fees Requested At Initiation Of Suit, Entitled To Fee Recovery

Lower Court Fee Denial Reversed on Appeal.

     Relying on Kirby v. Immoos Fire Protection, Inc., 53 Cal.4^th 1244, 1251 (2012) and Aleman v. Air Touch Cellular, 209 Cal.App.4^th 556, 580 (2012), the appellate panel in Ayala v. Aldersgate Investment, LLC, Case No. B244513 (2d Dist., Div. 6 Mar. 21, 2013) (unpublished) reversed a denial of Labor Code section 218.5 attorney’s fees to a summary judgment-winning employer in a failure to pay wages dispute. Reason? Section 218.5 did allow for fee recovery as a two-way street in a wage nonpayment situation, not involving minimum wage violations and involving a fee request at the initiation of the litigation—all at play. Given this, the fee denial was reversed.