Call Our Free Helpline NOW 949-379-6250

Employment Law News


Posted by Samuel A. Wong | Sep 30, 2013 | 0 Comments


Plaintiffs' attorneys pursing claims on behalf of their clients for the nonpayment of wages have long been compelled to abstain from basing any of their clients' claims on Labor Code § 218.5. This is because the language of the statute awards the “prevailing party” their reasonable attorneys' fees and could potentially expose an employee-plaintiff to financial liability should their employer succeed in the litigation. Not anymore.

In order to save the employee-plaintiff from this type of exposure, the California Legislature introduced Senate Bill 462 which sought to amend Labor Code § 218.5 and limited an employer's recovery of attorneys' fees only where the court finds the employee pursued the action in bad faith. With a fresh signature from California Governor Jerry Brown, this bill is now State law and has drastically increased an employers' difficulty in recording attorneys' fees in wage and hour cases brought by aggrieved employees. The resultant effect of this action, among other things, will incentivize employees to seek counsel if they feel they have been underpaid by their employer.

About the Author

Samuel A. Wong

Samuel A. Wong is a renowned Orange County trial lawyer and a Co-Founder of Aegis Law Firm. Mr. Wong has spent his entire career litigating employment related matters, including wrongful termination, discrimination, harassment, wage, disability and medical leave cases. Mr. Wong is also an expert ...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

The Quickest and Easiest Way to Hold Your Employer Accountable

At the Aegis Law Firm, we know that you may be going through a difficult time, and we are here to help you recover from the wrongs that you suffered. An attorney at our Orange County or Los Angeles law firm can speak with you for a free initial consultation to help you with your employment issues. We also take most cases on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation.