BILL NUMBER: SB 462	CHAPTERED
	BILL TEXT

	CHAPTER  142
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2013
	APPROVED BY GOVERNOR  AUGUST 26, 2013
	PASSED THE SENATE  MAY 29, 2013
	PASSED THE ASSEMBLY  AUGUST 12, 2013

INTRODUCED BY   Senator Monning

                        FEBRUARY 21, 2013

   An act to amend Section 218.5 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 462, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 218.5 of the Labor Code, as amended by Section
42 of Chapter 697 of the Statutes of 2010, is amended to read:
   218.5.  (a) In any action brought for the nonpayment of wages,
fringe benefits, or health and welfare or pension fund contributions,
the court shall 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. However, if the
prevailing party in the court action is not an employee, attorney's
fees and costs shall be awarded pursuant to this section only if the
court finds that the employee brought the court action in bad faith.
This section shall not apply to an action brought by the Labor
Commissioner. This section shall not apply to a surety issuing a bond
pursuant to Chapter 9 (commencing with Section 7000) of Division 3
of the Business and Professions Code or to an action to enforce a
mechanics lien brought under Chapter 4 (commencing with Section 8400)
of Title 2 of Part 6 of Division 4 of the Civil Code.
   (b) This section does not apply to any cause of action for which
attorney's fees are recoverable under Section 1194.