Is a plaintiff entitled to attorney fees and costs on appeal against a finding that he failed to get an award on his wage statement claim?

California, United States of America


The following excerpt is from Furry v. E. Bay Publ'g, LLC, 242 Cal.Rptr.3d 144, 30 Cal.App.5th 1072 (Cal. App. 2018):

Furry argues that he is the prevailing party in this action and is therefore entitled to attorney fees. Labor Code section 1194"allows a prevailing employee to recover attorneys fees in a civil action for unpaid overtime compensation." ( Eicher v. Advanced Business Integrators, Inc. (2007) 151 Cal.App.4th 1363, 1378, 61 Cal.Rptr.3d 114.) Reasonable attorney fees and costs are also awardable on Furrys wage statement claim under Labor Code section 226, subdivision (e)(1). Because we conclude the trial court erred in refusing to award Furry any damages on his overtime claim and in failing to make findings on his wage statement claim, the trial court must consider on remand Furrys entitlement to reasonable attorney fees under Labor Code sections 1194 and 226, subdivision (e), including attorney fees on appeal.

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