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Existing law, with certain exceptions, requires a court in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, to award reasonable attorneys' fees and costs to the prevailing party if any party to the action requests attorney's fees and costs at the time action is initiated.
Existing law, with certain exceptions, requires a court in any
action brought for the nonpayment of wages, fringe benefits, or
health and welfare or pension fund contributions, to award
reasonable attorneys' fees and costs to the prevailing party if
any party to the action requests attorney's fees and costs at
the time action is initiated.
Senate Bill 462 amends California Labor Code §218.5 to make
the award of attorneys' fees and costs where the prevailing
party is not an employee contingent on a finding by the court that
the employee brought the court action in bad faith. The law does
not apply to actions brought by the California Labor Commissioner.
The law also does not apply to a claim for which attorneys'
fees are recoverable under California Labor Code § 1194, which
allows an employee to sue for unpaid or underpaid minimum wages or
overtime and recover reasonable attorneys' fees if they prevail
in the action.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.