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Tag Archives: prevailing party

There Can Be Two “Prevailing Parties” in a Single Wage & Hour and Equal Pay Act Lawsuit

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

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…. Continue Reading

Amendment to the Labor Code Makes it Harder for Employers to Get Attorney’s Fees if They Prevail in an Unpaid Wage or Benefit Claim

Posted in Labor Law, Wage & Hour

By: Lizbeth V. West, Esq. Governor Brown signed Senate Bill (SB) 462 which places restrictions on an employer’s ability to recoup attorney’s fees when it prevails in an unpaid wage or benefit claim. Labor Code section 218.5 previously provided that except in certain circumstances, in an action brought for the nonpayment of wages, fringe benefits, or… Continue Reading