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Fee-Shifting Wage and Hour

Fox Rothschild LLP

Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?

Fox Rothschild LLP on

I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved. A defendant employer not only has to pay his lawyer’s fees but it also faces...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Compensable Time and ADA Fees

This week, the Court explores whether time booting up a computer is compensable under federal labor law and addresses district courts’ discretion to adjust fees for serial American With Disabilities Act litigants....more

Fox Rothschild LLP

Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!

Fox Rothschild LLP on

A big part of defending any wage hour case and settling such a case is the issue of attorneys’ fees for the plaintiff’s lawyer. Plaintiff attorneys are always having grandiose notions of what they are entitled to and these...more

Jackson Lewis P.C.

“Catalyst” Test Applicable To Awarding Attorney’s Fees For State Wage And Hour Claims, Massachusetts Supreme Judicial Court Holds

Jackson Lewis P.C. on

Rejecting the federal standard for determining whether a party has “prevailed” on his or her claim under the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, §§ 148 & 150, the Massachusetts Supreme Judicial Court has held...more

Proskauer - Law and the Workplace

Massachusetts Supreme Judicial Court OK’s Attorneys’ Fees for Wage Act Settlements

As has been long anticipated, the Massachusetts Supreme Judicial Court recently gave a green light to plaintiffs’ attorneys seeking a fee award under the Commonwealth’s Payment of Wages Act, even where an action ends in...more

Fisher Phillips

You May Not Have to Pay Attorney’s Fees in Some FLSA Cases

Fisher Phillips on

If you have ever had to defend against a lawsuit under the FLSA, you probably know that attorney’s fees awards often far exceed the value of your employee’s claims. This is especially true in collective action cases, which...more

Foley & Lardner LLP

So What’s it Going to Cost Me?

Foley & Lardner LLP on

When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

Troutman Pepper

When a Defendant Loses, but Still Collects Attorney Fees, in a False Claim Act Case

Troutman Pepper on

Under the federal False Claims Act (FCA) the prevailing plaintiff — be it the government or a qui tam plaintiff — is automatically entitled to recover attorney fees. 31 U.S.C. § 3730(d)(1) and (2). Originally published in...more

Proskauer - Minding Your Business

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more

Haight Brown & Bonesteel LLP

Overtime, Missed Meals, and Non-Payment of Wage Claims – Who Is Entitled To Attorney’s Fees – Employee, Employer or Neither?

On March 25, 2016, the Court of Appeal for the Sixth Appellate District held that an employer who successfully defeats an employee’s overtime claim brought pursuant to California Labor Code section 1194 is not entitled to...more

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