New Law Protects Losing Employees in Wage and Hour Cases From Paying Attorneys’ Fees

As of January 1, 2014, a new law (SB 462) makes it more difficult for prevailing employers in wage and hour cases to collect attorneys’ fees and costs against their employees.

Prior to the new law, Labor Code §218.5 required courts in wage and hour cases to award the prevailing party attorneys’ fees and costs. Under the new law, however, a prevailing employer will only be awarded attorneys’ fees and costs if it can convince the court that the employee brought the action in bad faith. Bad faith is a difficult standard to prove, so the new law will likely result in few employers recovering attorneys’ fees from their employees in wage and hour cases.

The amendment of Labor Code §218.5 does not affect a prevailing employee’s right to attorneys’ fees and costs in wage and hour cases.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

SHARE

COMMENTS & DISCUSSIONS

Related Posts

Class Action Suit Against SDSU

Haeggquist & Eck, LLP Title IX Clients Featured on ESPN for Class Action Suit Against SDSU

Haeggquist & Eck are proud to team up with Bailey Glasser to represent former and current SDSU athletes in their …

Read More
Screenshot_20210825-104602_Gallery

HAE Client “Dr. Nick” Yphantides Highlighted In Media Coverage Of Disability Discrimination Case Against San Diego County

Local and national media outlets covered our client Nick Yphantides’ case against the County of San Diego for disability discrimination, …

Read More
rideshare--driver

California Judge Rules Ballot Initiative Classifying App-Based Drivers As Independent Contractors Is Unconstitutional

Proposition 22, the controversial California ballot measure classifying app-based drivers as independent contractors, hit another roadblock on Friday after a …

Read More
Translate »