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SB-462 Employment: compensation.(2013-2014)

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SB462:v97#DOCUMENT

Senate Bill No. 462
CHAPTER 142

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

[ Approved by Governor  August 26, 2013. Filed with Secretary of State  August 26, 2013. ]

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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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.