Is a prevailing employer entitled to attorney's fees and costs if they defeat an employee's wage action?

California, United States of America

The following excerpt is from USS-POSCO Indus. v. Case, 197 Cal.Rptr.3d 791, 244 Cal.App.4th 197 (Cal. App. 2016):

Prior to 2014, section 218.5 did not distinguish between prevailing employers and employees. It was a true "two way" fee shifting statute that awarded fees to the winner, whether employee or employer. (Kirby v. Immoos Fire Protection, Inc. (2012) 53 Cal.4th 1244, 1248, 140 Cal.Rptr.3d 173, 274 P.3d 1160.) An amendment to section 218.5, effective January 1, 2014, changed this. Now, if an employer defeats an employee's wage action, "attorney's fees and costs shall be awarded ...

[197 Cal.Rptr.3d 807]

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Is a prevailing employer entitled to attorney's fees and costs if they defeat an employee's wage action?

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