Defendant Employer To Get Attorneys’ Fees only if wage claim was brought in bad faith

The Governor signed SB 462, on or about August 26, 2013, which amends California Labor Code Sec. 218.5 to require “bad faith” by a Plaintiff Employee for a prevailing employer to recover attorneys’ fees. Sec. 218.5 deals with a claim for “wages, fringe benefits, or health and welfare or pension funds contributions.” The amendment also clarifies that it does not apply to attorneys’ fees recoverable under Labor Code Sec. 1194 (minimum wage & overtime).