Kirby: No Attorney Fees under Labor Code section 226.7
Last week, on April 30, 2012, in Kirby v. Immoos Fire Protection, Inc., the California Supreme Court ruled on an issue whether a party prevailing on a section 226.7, for an alleged failure to provide meal and rest breaks, may be awarded attorney’s fees. Surprisingly to everyone, the Court held that neither prevailing defendant nor prevailing plaintiff is entitled to attorney’s fees under section 226.7.
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