A California plaintiff who prevails in a wage-hour lawsuit generally may recover his or her attorney’s fees. The same is so for employers -- but only for the next few months.
A new statute will take effect in January 2014 that will change whether and how an employer who prevails in such a case may recover its fees. In a state already overrun with wage-hour lawsuits with questionable merit, that new statute seems to ensure that even more meritless wage-hour lawsuits will be filed by plaintiffs’ counsel who count on the in terrorem effect of those lawsuits to force employers to settle such claims – and who pocket 40% of what they recover.
Governor Jerry Brown has signed into law a bill that raises the standard for a prevailing employer to recover fees when they prevail in wage-hour actions. Effective January 2014, an employer must meet a higher standard than an employee to recover fees. It must not only prevail in the lawsuit, but it must establish that the lawsuit was brought in “bad faith.”
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