California has amended Cal. Lab. Code § 218.5 to limit the
circumstances under which an employer may recover its attorney’s fees and costs
as the prevailing party in a lawsuit in which an employee has sued for
nonpayment of wages, fringe benefits, or health and welfare or pension fund
contributions (SB 462).
Prior to
enactment of Senate Bill 462, the prevailing party (either the employer or the
employee) could seek recovery of his, her or its attorney’s fees and costs.
As amended, the statute provides that “if the prevailing party in the
court action is not an employee, attorney’s fees and costs shall be awarded
pursuant to this section only if the court finds that the employee brought the
court action in bad faith.” See Kirby v. Immoos Fire
Prot., Inc., 53 Cal. 4th 1244 (2012
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