It’s A Draw, in Long-Awaited Kirby Decision.
The California Supreme Court, in Kirby v. Immoos Fire Protection, Inc., Case No. S185827 (Cal. Sup. Ct. Apr. 30, 2012) (certified for publication), decided that neither Labor Code section 1194 (a one-way fee shifting provision in favor of employees) nor Labor Code section 218.5 (two-way fee shifting provision to prevailing party, whether employees or employers) authorizes an award of attorney’s fees to a party that prevails on a failure to provide rest/meal breaks under Labor Code section 226.7. In so ruling, our state supreme court cited legislative history deleting a one-way fee shifting provision in favor of employees from section 226.7 during the enactment process.
California Supreme Court Room looking southeast. Library of Congress.