On October 14, 2015, the California Second District Court of Appeal held in Sharif v. Mehusa, Inc. that both the employee and the employer can be deemed “prevailing party” for purposes of recovering attorneys’ fees under the Labor Code. Plaintiff, Mahta Sharif, brought an action against her former employer, Mehusa, Inc., for unpaid overtime (Lab. Code, § 1194), unpaid wages (Lab. Code, § 201), and violation of California’s Equal Pay Act (Lab. Code, § 1197.5). She prevailed on her Equal Pay Act claim with the jury awarding her $26,300. Mehusa prevailed on Plaintiff’s overtime and wage claims. Plaintiff filed a cost memorandum and was awarded her costs. She also filed a motion for attorney fees in the amount of $280,432 under Labor Code section 1197.5(g) as the prevailing party on her Equal Pay Act claim. Plaintiff’s attorney fees request consisted of a lodestar amount of $140,216 and a multiplier of two. Mehusa filed a motion for attorney fees and costs under Labor Code section 218.5 in the amount of $36,982.24 as the prevailing party on Plaintiff’s wage claims. Mehusa estimated that 75% of defense counsel’s time was spent defending against Plaintiff’s unsuccessful wage claims.
Continue Reading There Can Be Two “Prevailing Parties” in a Single Wage & Hour and Equal Pay Act Lawsuit
The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks
When people begin to think about cool weather, hot chocolate, Thanksgiving, and this year the constant announcements about El Niño, only one thing always comes to my mind……..
Employer Handbook Season!
Yes, the end of the year always brings a flurry of revisions to employer handbooks. This year is no different. Business owners, general counsel, and human resources professionals throughout California and the County always look at Q4 and ask themselves “when was the last time your employee handbook was updated?” We are assisting many clients right now with their handbooks so that they are poised for a January 1 launch. With the constant changes in California (including the dozens of new bills just signed by the Governor), employer handbooks that are more than a year old can quickly become a huge liability.
Continue Reading The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks
Employment News Alert: Two Key Employer Victories
Sunday, October 11, 2015 was the deadline for the Governor to act on bills that were passed by the legislature.
There were two bills the Governor rejected that are seen as key victories for employers. They are:
AB 465 was vetoed. This bill sought to bar mandatory employment arbitration agreements. This would have caused lawsuits
Upcoming Seminar: The Good, The Bad and the Ugly – Documentation in the Workplace
The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation.
Program Highlights:
- Postings, notices, and document retention under various federal and state
Upcoming Seminar: Tips and Traps When Hiring and Firing Employees
Summary of Program
The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations.
Program Highlights
- Training your supervisors to be your best