Cases: Employment

Arbitration/Employment: Arbitration Award Of Fees Against Employee Losing Overtime Claim Properly Vacated Under Public Policy Exception To Arbitral Finality

Cases: Arbitration, Cases: Employment

  Plaintiff Winning Meal Periods Claim Not Entitled To Fees, But Entitled To Routine Costs.     In the last few months, there have been several cases interpreting the public policy exception to arbitral finality.  Ling v. P.F. Chang’s China Bistro, Inc., Case No. H039367 (6th Dist. Mar. 25, 2016) (published) is another one on this […]

Employment: Labor Code Fee-Shifting Statute In Effect At Time Of Fee Proceeding, Not Earlier In Case, Determined Defense Fee Entitlement Under Labor Code Section 218.5

Cases: Employment

  State Court Is Different Than Federal On This Issue, Such That Retroactivity Prevailed Here.      USS-POSCO Industries v. Case, Case Nos. A140457/A142145 (1st Dist., Div. 1 Jan. 26, 2016) (published) decided that the fee-shifting statute in effect at the time of the fee motion, which was different than the one at the time the

Employment, Lodestar, Multiplier, Record: Plaintiff Employee Obtaining $43,654.50 On Unpaid Commission Claim Awarded $58,341.50 Under Labor Code Fee-Shifting Statute

Cases: Employment, Cases: Lodestar, Cases: Multipliers, Cases: Record

  Plaintiff Requested $212,287.50 (Inclusive Of A 1.5 Multiplier), But Lower Court’s Award Of A Reasonable Lodestar Was No Abuse of Discretion.      Plaintiff employee eventually obtained recovery of $43,654.50 in an unpaid commission dispute even though he at one point was willing to accept $75,000 to settle which included a $30,000 component to reimburse

Civil Rights, Employment, Family Law, Probate, Settlement: Four Unpublished “Power Ball” Post

Cases: Civil Rights, Cases: Employment, Cases: Family Law, Cases: Probate, Cases: Settlement

  Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law.     In this one, after an evidentiary hearing in which the court dismissed a domestic violence restraining order (DVRO), the prevailing party recovered $7,500 out of a requested $15,800 in fees.  The fee-assessed, losing party appealed, but to no

Employment: 4/3 DCA Publishes Arneson Decision

Cases: Employment

  Case Dealt With Fee Recovery Under Labor Code Section 98.2.     On July 30, 2015, we posted on Royal Practice Funding Corp. v. Arneson, Case No. G050158 (4th Dist., Div. 3 July 28, 2015), which decided that an ex-employer’s withdrawal of a superior court petition respecting an ex-employee’s Labor Commissioner wage claim award did

Employment: Terminated Employee Could Not Recover Labor Code Section 2802(c) Fees For Expenditures Incurred Post-Employment While She Was An Independent Contractor

Cases: Employment

  Fee Recovery Properly Denied, With Lower Court Correctly Construing Jury Special Verdict.     In Letizia v. Wentworth, Paoli & Purdy, LLP, Case No. G050132 (4th Dist. Div. 3 Aug. 17, 2015) (unpublished), cross-complainant obtained a jury verdict in her favor, with the jury making these specific findings:  (1) cross-complainant was terminated by cross-defendant as

Costs/Employment: Federal Circuit Court Rules That FLSA Does Not Allow Plaintiffs To Obtain Reimbursement For Expert Witnesses Except For Per Diem Witness/Testimonial Travel Fees

Cases: Costs, Cases: Employment

  We Came To The Same Conclusion In A July 6, 2009 Prior Post.      The Second Circuit Court of Appeals, in Gortat v. Capala Brothers, Inc., No. 14-3304-cv (2d Cir. July 29, 2015), decided that prevailing plaintiffs in a Fair Labor Standards Act (FLSA) case are not entitled to reimbursement of expert witness expenses

Employment: Lower Court Improperly Denied Fees To Winning Employee At Labor Commissioner Level Where Employer Withdrew Appeal To Superior Court

Cases: Employment

  Labor Code Section 98.2 Is Not Symmetrical, Never Intending To Incentivize Employers To File Frivolous Appeals And Then Withdraw Them.      Royal Pacific Funding Corp. v. Arneson, Case No. G050158 (4th Dist., Div. 3 July 28, 2015) (unpublished) concerned an employee who won a Labor Commissioner wage claim of $29,500, prompting an appeal to

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