Labor/Employment
May 12, 2012
Kirby equals fewer settlements
Without the fear of mounting attorney fees, employers will feel less pressured to settle. By Maria C. Roberts and David E. Amaya of Stokes Roberts & Wagner ALC
Three weeks after the state Supreme Court issued its much-awaited decision in Brinker Restaurant Corp. v. Superior Court, the Court handed down another much less covered and publicized victory for employers in Kirby v. Immoos Fire Corporation. In Kirby, the Supreme Court held for the first time that meal and rest break claims are "governed by the American rule that each side must cover it...
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