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Perspective

Sep. 7, 2013

Employers face uphill battle to recover fees

A recent amendment to the Labor Code strips employers of one possible weapon in their arsenal for deterring nonmeritorious wage and hour claims. By Kate Gold and Elena Min


By Kate Gold and Elena Min


Last week, the state Legislature enacted Senate Bill 462, which amended Labor Code Section 218.5. The amendment substantially limits an employer's ability to recover prevailing party attorney fees and costs in a lawsuit seeking unpaid wages, fringe benefits, or health and welfare or pension fund contributions. The change to Section 218.5 limits recovery of attorney fees and costs by a prevailing employer "only if the court find...

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