Bill Text: CA SB462 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Employment: compensation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-26 - Chaptered by Secretary of State. Chapter 142, Statutes of 2013. [SB462 Detail]

Download: California-2013-SB462-Introduced.html
BILL NUMBER: SB 462	INTRODUCED
	BILL TEXT


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, as introduced, 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.
State-mandated 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
 2   4  of the Civil Code. 
    This 
    (b)     This  section does not apply
to any  cause of  action for which attorney's fees are
recoverable under Section 1194.                
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