Labor/Employment
Oct. 21, 2002
Fee-Shifting in Overtime Wage Statute Trumps Contract's Attorney-Fee Clause
Who is entitled to attorney fees when statutes conflict with contracts? The answer may surprise some. Under a typical employment arrangement, the employee must sign an employment contract, which often contains an attorney fee-shifting provision.
Aashish Y. Desai
Desai Law Firm PC
3200 Bristol Street #650
Costa Mesa , CA 92626
Phone: (949) 614-5830
Fax: (949) 271-4190
Email: aashish@desai-law.com
University of Houston Law Center; Houston TX
Who is entitled to attorney fees when statutes conflict with contracts? The answer may surprise some. Under a typical employment arrangement, the employee must sign an employment contract, which often contains an attorney fee-shifting provision.
The 9th U.S. Circuit Court of Appeals recently held that employers may force workers to submit to mandatory arbitration as a condition of employment. EEOC v. Luce, Forward, Hamilton & Scripps, 2002 DJDAR 1089 (9th Cir. Sept. 3, 2002)...
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