Attorney's Fees

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Lofton v. Wells Fargo Home Mortgage, 2014 WL 5358364 (Cal. Ct. App. 2014)

The Initiative Law Group (“ILG”) represented more than 600 plaintiffs in a class action filed in Los Angeles against Wells Fargo that was initially certified and then was later decertified. After decertification, ILG continued to represent the plaintiffs in their individual lawsuits against Wells Fargo. A similar class action (in which…

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed
Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014)

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing conduct, including simulated masturbation…

Minimum Wage Increased to $10.00 Per Hour By 2016

The minimum wage will increase in California from $8.00 to $9.00 per hour on July 1, 2014 and to $10.00 per hour on January 1, 2016 (AB 10).

Employer Recovery of Attorney’s Fees Is Further Restricted

California has amended Cal. Lab. Code § 218.5 to limit the circumstances under which an employer may recover…

The IRS recently released a memorandum advising taxpayers on the proper tax characterization of attorney’s fee payments in connection with a settlement of or judgment in an employment dispute.

Courts have long held that payments to plaintiffs for their attorney’s fees pursuant to a fee shifting statute belong to the plaintiff, not the attorney.  Thus, when the plaintiff’s underlying recovery is taxable, the plaintiff must…

California has amended Labor Code § 218.5 to limit the circumstances under which an employer may recover its attorney’s fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions (SB 462).  Prior to enactment of Senate Bill 462, the prevailing party (either the employer or…

Henry M. Lee Law Corp. v. Superior Court, 204 Cal. App. 4th 1375 (2012)

Henry M. Lee represented Ok Song Chang in employment litigation resulting in a $62,000 judgment in Chang’s favor following a jury trial. The trial court also awarded Chang $300,000 in attorney fees as a prevailing party under the applicable Labor Code provisions. After Chang substituted herself in propria persona…

Nicholas Labs., LLC v. Chen, 199 Cal. App. 4th 1240 (2011)

Nicholas Labs sued its former employee, Christopher Chen, for breach of contract, conversion, negligence, money had and received, unjust enrichment, etc., after discovering that, while employed by Nicholas Labs, Chen had engaged in a business that made him a competitor of Nicholas Labs and that Chen had diverted business opportunities away from Nicholas…