Employer Wins Attorney Fees on
Unpaid Wages Claim

The California Court of Appeals awarded Immoos Fire Protection, Inc. attorney fees and costs against Anthony Kirby and Rick Leech, Jr.  The employees sued the company for unpaid wages and rest period penalties under California Labor Code Section 218.5 and and unfair competition.  Labor Code Section 218.5 provides attorney fees to the prevailing party on a claim for unpaid wages and specified benefits.  Overtime and minimum wage claims under Section 1194 allow only prevailing employees to recover attorney fees, but the court held that under Section 218.5 a winning employer is entitled to recover attorney fees.  Read the decision here.

Fear of Attorney Fees Award May Reduce
Unpaid Wages Claims

After Immoos, employees seeking to bring an unpaid wages claim may think twice unless they have a high likelihood of prevailing on the merits.  Attorney fees awards can amount to tens of thousands of dollars on a single claim for unfair competition and sometimes more in complex litigation.