Cases: Employment

Employment: 4/3 DCA Decides That Nanny Winning Berman De Novo Hearing Not Entitled To Fee Recovery Because She Opted For Administrative Remedy And Was Not A Prevailing Respondent (But A Prevailing Appellant Not Entitled To Fees)

Cases: Employment

Court Of Appeal Found Sampson Decision Sounder Than Eicher In Determining If Labor Commissioner Appeal Was A Civil Action Worthy Of Fees Under Labor Code § 1194.             Boktor v. Applebaum, Case No. G055509 (4th Dist., Div. 3 Jan. 23, 2019; posted Jan. 24, 2019) (unpublished) waded into the thorny issue of whether a successful […]

Costs, Employment: Third Circuit Court Of Appeals Affirms $319,655.80 Costs Award Against Named FLSA Plaintiffs For ESI Vendor TIFF Conversion And Platform Loading Production Activities

Cases: Costs, Cases: Employment

Federal Appellate Court Dismisses Arguments That Costs Recovery Not Allowable Under FRCP Or FLSA, Or Was An Abuse of Discretion Under The Circumstances.            This next case is a harbinger for risk advice which plaintiff litigators should provide to putative Fair Labor Standards Act (FLSA) plaintiff clients, because these clients could be liable for certain

Employment, Costs: Appellate Court Directive That “The Parties To Bear Their Own Costs On Appeal” Does Not Preclude Award Of Appellate Fees

Cases: Costs, Cases: Employment

Directive Only Deals With Appellate Routine Costs, With Berman Hearing Fee-Shifting Provision Allowing For Recovery Of Appellate Fees For Prevailing Party Work.             This case deals with a Berman hearing—an employee’s hearing before the California Labor Commissioner for unpaid wages. Employers gripe because, if a de novo trial is sought in the superior court, they

Employment: Under PAGA, Individual Officer/Agent Of Corporate Employer—“As Other Person” Specified In PAGA–Can Be Liable For Civil Penalties, Attorney’s Fees, And Costs To An Aggrieved Employee

Cases: Employment

Labor Code Section 2699(g) Is The Predicate Fee/Costs Entitlement Statutory Provision.             The Fourth District, Division 1, in Atempa v. Pedrazzani, Case No. D069001 (4th Dist., Div. 1 Sept. 28, 2018) (published) held that an individual officer/agent of a corporate employer can be held liable for civil penalties, attorney’s fees, and costs under PAGA for

Arbitration, Employment: Arbitrator’s Possible Fee Award To Employer For Wage Hour Bad Faith Prosecution Reversed For Arbitrator To Determine If Recovery Allowable

Cases: Arbitration, Cases: Employment

Most Of Arbitration And Fees Were Sustained Except For A Remand To Arbitrator On Unwaivable Nonallowance Of Wage/Hour Fees To Employer Unless Employee’s Claims Brought In Bad Faith.             In Dorne v. Vascular and Interventional Specialists, Case No. G054213 (4th Dist., Dist. 3 Aug. 27, 2018, received for posting Aug. 28, 2018, unpublished), a medical

Employment: Penal Code Section 496(c) Does Not Allow Plaintiff Employee To Recover Treble Damages Or Attorney’s Fees On The Theory That Lost Compensation Is A “Theft” Of “Property”

Cases: Employment

Labor Is Not Property Under Section 496(c) From Statutory Or Policy Perspectives.             In Lacagnina v. Comprehend Systems, Inc., Case No. A147559 (1st Dist., Div. 4 Aug. 3, 2018) (partially published; Penal Code section 496 and fee discussion published), plaintiff, a former vice president of business development, sued defendant former employer and defendant’s co-founders on

Employment, Lodestar, Multiplier: Employer Not Winning Total Defense Victory In De Novo Sup. Ct. Appeal Of Labor Comm. Award Properly Hit With Adverse Fee Award Of $86,160 Even Though Labor Comm. Award Only $4,250 (Rev. Down To $2,250 By Court Of Appeal)

Cases: Employment, Cases: Lodestar, Cases: Multipliers

Limited Success Argument Does Not Diminish Fee Recovery In This Particular Context.             In Nishiki v. Danko Meredith P.C., Case No. A147733 (1st Dist., Div. 4 Aug. 1, 2018) (published), an employer suffered an adverse Berman hearing award before the Labor Commissioner for waiting time penalties for failure to deliver a check for final wages

Allocation, Employment, Section 998: Trial Judge Correctly Awarded Substantial Fees And Costs On Labor Code Vacation Pay Claim, In 2-1 Appellate Decision

Cases: Allocation, Cases: Employment, Cases: Section 998

Vacation Pay Award Totaled $28,500, With Prevailing Plaintiff Winning Subsequent Fees Of $495,549.75 And Costs Of $84,035.40.             Curran v. Schools of the Sacred Heart-San Francisco, Case Nos. A142615/A143646 (1st Dist., Div. 2 June 5, 2018) (unpublished) was a case where plaintiff, dean of students at defendant, did not have her contract extended after 37

Costs, Employment, Reasonableness Of Fees: FEHA Award Of $44,437.50 In Attorney’s Fees And $3,411.37 In Costs Was Largely No Abuse of Discretion

Cases: Costs, Cases: Employment, Cases: Reasonableness of Fees

Appellate Court Did Modify Judgment To Exclude UPS Services And Copy Of Amended Summons Expense Recoupment As Routine Costs.             In Lepe v. Luft Enterprises, Case No. E067382 (4th Dist., Div. 2 May 10, 2018) (unpublished), three plaintiffs won wage/hour awards against the defendant to the tune of $140,016. They then moved for fees and

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