Lower Court, Determining That The $25,753.25 Paid To Plaintiff For His Work Exceeded The Minimum Wage Rate He Was Entitled To, Awarded Plaintiff $0 On His Wage Claim – Opening The Door For Defendant To Seek Fees Under Labor Code § 98.2(c) In Gantman v. Stephan, Schreiber & Tabachnick CPA’s, Case No. B291932 (2d […]
Lower Court Correctly Awarded Lodestar Fees And Properly Denied The Multiplier Request. The California Family Rights Act allows eligible employees to attend to family serious health conditions and bond with a newly born child. Government Code section 12965(b)(6) allows a trial judge discretion to award attorney’s fees to a prevailing plaintiff, much like the
However, Denial Of Expert Fees Remanded Because Trial Judge May Have Believed He Had No Discretion To Award. Herron v. County of Los Angeles, Case No. B295184 (2d Dist., Div. 7 Dec. 8, 2021) (unpublished) is an interesting case which shows how trial judges have wide discretion in awarding attorney’s fees of a reasonable
Penalties Will Be Recalculated And Likely Still Result In A Sizeable Penalty Award Despite Reversal, So Fee Award Was Not Disturbed. In Gunther v. Alaska Airlines, Inc., Case No. D077313 (4th Dist., Div. 1 Dec. 1, 2021) (partially published; fee discussion published), Alaska Airlines was found to be in noncompliance with California state wage
Based On The Standards Set Forth For Imposition Of Fees Under FEHA, Employer’s Arbitration Agreement Did Not Authorize Recovery Of Attorney Fees Absent A Finding That Employee’s Opposition To Motion To Compel Arbitration Was Groundless. California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) provides that a prevailing FEHA defendant
Amount Of Fee Award Was Justified Given Trial Court’s Analysis Of The Complexity Of The Case, Results Achieved By Plaintiffs, And Plaintiffs’ Showing To Support The Fee Request. The Displaced Janitors Opportunity Act (Lab. Code, §§ 1060–1065) “requires contractors who are awarded contracts for janitorial or building maintenance services at a particular site to
Fee Award Was Reduced From The “Asked” $63,550 In Requested Fees. In Bastida v. Zairi, Case No. B301319 (2d Dist., Div. 5 Sept. 29, 2021) (unpublished), an employee (although that characterization was disputed) won about $23,646 in compensatory damages under wage/hour claims. Plaintiff then sought $63,550 in attorney’s fees under California wage/hour fee-shifting statutes,
Timing Is Everything—Pay Undisputed Amount Before The 998 Offer Or Pay Later/Issue A New 998 Offer. Wasito v. Kazali, Case No. B308826 (2d Dist., Div. 6 Aug. 31, 2021) (published) is must reading for employers wishing to resolve unpaid wage claims through a CCP § 998 offer where undisputed wages are due. In
Dissenting Circuit Judge Would Have Affirmed District Judge Fee Award. Vines v. Welspun Pipes Inc., No. 20-2168 (8th Cir. Aug. 18, 2021) is an interesting case which shows how appellate circuit judges can have differing perspectives on approaching class action fee awards. What happened in this one is that class action counsel on
A Recent Study By CABIA So Concludes. Under the Private Attorneys General Act (PAGA), prevailing plaintiffs can obtain attorney’s fees for success on certain employment and workplace claims. As reported in an OpEd article “Help business recovery, end PAGA” written by Ken Monroe in the July 18, 2021 edition of The Orange County Register,
