SB 462, as introduced, Monning. Employment: compensation.
Existing law, except as specified, requires a court in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, to award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs upon the initiation of the action.
This bill would make the award of attorney’s fees and costs where the prevailing party is not an employee contingent on a finding by the court that the employee brought the court action in bad faith.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 218.5 of the Labor Code, as amended by
2Section 42 of Chapter 697 of the Statutes
of 2010, is amended to
3read:
begin insert(a)end insertbegin insert end insert In any action brought for the nonpayment of wages,
5fringe benefits, or health and welfare or pension fund contributions,
6the court shall award reasonable attorney’s fees and costs to the
7prevailing party if any party to the action requests attorney’s fees
8and costs upon the initiation of the action.begin insert However, if the
9prevailing party in the court action is not an employee, attorney’s
P2 1fees and costs shall be awarded pursuant to this section only if the
2court finds that the employee brought the court action in bad faith.end insert
3
This section shall not apply to an action brought by the Labor
4Commissioner. This section shall not apply to a surety issuing a
5bond pursuant to Chapter 9 (commencing with Section 7000) of
6Division 3 of the Business and Professions Code or to an action
7to enforce a mechanics lien brought under Chapter 4 (commencing
8with Section 8400) of Title 2 of Part 6 of Divisionbegin delete 2end deletebegin insert 4end insert of the Civil
9Code.
10 This
end delete
11begin insert(b)end insertbegin insert end insertbegin insertThis end insertsection
does not apply to anybegin insert cause ofend insert action for which
12attorney’s fees are recoverable under Section 1194.
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