Can a plaintiff recover attorney fees in a claim for unpaid wages and overtime compensation?
California, United States of America
The following excerpt is from Goldbaum v. Regents of Univ. of Cal., 11 Cal. Daily Op. Serv. 283, 119 Cal.Rptr.3d 664, 191 Cal.App.4th 703, 263 Ed. Law Rep. 307 (Cal. App. 2011):
Generally, a party may recover attorney fees only when a statute or contract provides for fee shifting.
[191 Cal.App.4th 709]
( Santisas v. Goodin (1998) 17 Cal.4th 599, 606, 71 Cal.Rptr.2d 830, 951 P.2d 399.) Section 218.5 provides for fee shifting in favor of the party that prevails on a claim for unpaid wages and specified benefits. Section 218.5 provides: "In any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, the court shall award reasonable attorney's fees and costs to the prevailing party if any party to the action requests attorney's fees and costs upon the initiation of the action.... [] This section does not apply to any action for which attorney's fees are recoverable under Section 1194 [minimum wages and overtime compensation]."[191 Cal.App.4th 709]
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