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

In the News Banner

Haeggquist & Eck Represents Detectives in Sexual Harassment Suit Against San Diego County Sherriff’s Department

Haeggquist & Eck Partner, Jenna Rangel, is proudly representing two former San Diego Sherriff’s Department detectives in a Sexual Harassment …

Read More
HAE LAE

Title IX Case at SDSU Mentions Haeggquist & Eck, LLP in the News

Haeggquist & Eck, LLP appeared in a news report for taking on case involving Title IX and San Diego State …

Read More
HAE Law News

Haeggquist & Eck, LLP Appears in Local News in for Taking on San Diego County Sheriff’s Department Sexual Harassment Case

A recent case involving involving San Diego County Sheriff’s Department has mentioned Haeggquist & Eck, LLP. Here are some of …

Read More
Translate »