Labor/Employment
Mar. 23, 2011
Don’t Break Out the Champagne Yet
The debate continues over a recent state appellate case involving attorney fees and wage and hour litigation.
Eric B. Kingsley
Partner
Kingsley & Kingsley APC
Labor & Employment
16133 Ventura Blvd #1200
Encino , CA 91436
Phone: (818) 990-8300
Fax: (818) 990-2903
Email: eric@kingsleylawyers.com
Loyola Law School; Los Angeles CA
Eric is the former board chair of the Anti-Defamation League's Los Angeles Region.
In McGann v. United Parcel Service Inc. 2011 DJDAR 3025 (Feb. 24), the 2nd District Court of Appeal overturned an award of attorney fees to UPS based on the fact that it had defeated plaintiff's claim on summary judgment. The claim for attorney fees was based on Labor Code Section 218.5, which provides fees to the prevailing party in a claim for wages. Interestingly, Labor Code Section 1194 also provides for fees, but only for the prevailing employee, not employer. However, S...
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