On Sept. 12, the California Court of Appeal held that employees bringing successful rest break and meal period claims are entitled to recover attorneys' fees under California Labor Code section 218.5. The decision reversed a prior denial of attorneys' fees by the appellate court, following the Supreme Court of California's May 2022 decision in Naranjo v. Spectrum Security Services, Inc.
In the case, Betancourt v. OS Restaurant Services, a former employee of a Los Angeles restaurant settled claims for rest break and meal period violations under California Labor Code section 226 and for penalties for waiting time and wage statement violations under section 203, based on the meal and rest break claims.
As part of the settlement, the restaurant owners agreed to pay the employee $15,375. The employee dismissed other claims for retaliation and wrongful termination, but was allowed to file a motion for attorneys' fees. The trial court awarded more than $280,000 in attorneys' fees under section 218.5, which mandates that reasonable attorneys' fees be awarded to an employee who prevails on claims for the nonpayment of wages, so long as the employee requests attorneys' fees from the start.
In May 2020, the appellate court reversed the attorneys' fees award based on the 2012 California Supreme Court decision in Kirby v. Immoos Fire Protection, Inc., which held that an action for failure to provide rest breaks or meal periods is not an action for the nonpayment of wages. The...
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