Labor/Employment
Sep. 7, 2013
Bill clarifies, improves fee-shifting provision in Labor Code
Last week the Legislature amended the Labor Code to bring a two-way fee-shifting provision in line with the code's statutory scheme of encouraging private enforcement of the statutes. By Brian Kabateck and Min-Kuk Song
In American jurisdictions, parties by default bear their own costs of litigation. Fee-shifting provisions are an exception to this "American rule" and more akin to the "British rule" that a prevailing party may recover the costs of litigation from the losing party. At first glance, the British rule appears to allow plaintiffs with limited means the prospect of ultimately recovering their attorney fees while f...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In