One common impediment to resolution of FLSA claims is the amount of attorneys’ fees sought by the claimant’s attorney. One important factor in assessing an appropriate fee is the rate likely to be awarded by the Court should Plaintiff prevail in that jurisdiction. A new appeals court decision approves fixing that rate at $350/hour for
fee-shifting
California Supreme Court Rules Plaintiffs’ Attorney Cannot Recover Fees Under Labor Code Fee Shifting Provision in California Meal and Rest Lawsuits
By Noel P. Tripp on
Posted in California
California’s Supreme Court has again spoken on meal and rest period litigation, this time holding neither employers nor employees may recover their attorney’s fees in cases requiring employers to provide meal breaks and rest breaks. In the wake of its highly publicized Brinker Restaurant Corporation decision, where the Supreme Court ruled California law requires employers…
Seventh Circuit: Magistrate Improperly Denied Serial Filing Plaintiff’s Attorney His Fees In FLSA Case
By Noel P. Tripp on
Posted in Damages, Retaliation
One oft-invoked disincentive to employers’ litigating FLSA claims (specifically non-class or collective claims) is the statute’s fee shifting provision: when a plaintiff prevails (however nominally), he is entitled to have his “reasonable” attorneys’ fees paid by the employer defendant (however the principle does not apply to a defense victory). In such cases, the individual plaintiff’s damages may…