Co-authored by Robert S. Whitman and Howard M. Wexler
Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions.
In Gortat v. Capala Brothers, Inc., the plaintiffs alleged that they were denied wages, including overtime compensation, throughout
Continue Reading No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA
Co-authored by Abad Lopez and Noah Finkel
Even in the face of an apparent victory, a company may be stuck with an unexpected and outsized attorneys’ fees tab. In a recent case that highlights the multifaceted perils of drawn out litigation, the Tenth Circuit affirmed a $3.4 million attorneys’ fees award—even though the jury rejected the majority of plaintiffs’
Continue Reading Bittersweet Victory: Court Affirms $3.4 Million Attorney’s Fee Award Despite Plaintiffs’ Defeat on Majority of Claims
Co-authored by Julie G. Yap and Rachel M. Hoffer
This week, the United States District Court for the Southern District of Texas ordered the Department of Labor to fork over $565,527.61 in attorneys’ fees and costs to a Texas employer. Why such a hefty fee award? The DOL’s position that the employer misclassified gate attendants as independent contractors was not
Continue Reading ContractorGate: Court Awards Employer Over $550,000 In Attorney’s Fees And Costs Based On DOL’s Unreasonable Litigation Position
Co-Authored by Sophia Kwan and Brandon McKelvey
On Monday, the California Supreme Court held in Kirby v. Immoos Fire Protection, Inc. that neither plaintiffs nor defendants can recover attorney’s fees in meal or rest break cases under statutes that provide attorney’s fees in actions to recover “wages.” The decision is largely favorable to employers as it decreases incentives for plaintiffs’
Co-authored by Brett Bartlett and Julie Reyes
In a landmark decision whose influence may rival its 1982 ruling in Lynn’s Food Stores that FLSA claims can only be settled with DOL or court supervision, the Eleventh Circuit Court has held that a plaintiff may not recover attorney’s fees and costs as a “prevailing party” under federal wage and hour law