Prevailing Parties Cannot Recover Attorney’s Fees for Meal or Rest Violations under California Law

The California Supreme Court has reversed an award of attorney’s fees to an employer that successfully defended a claim for failure to provide rest periods mandated under Section 226.7 of the California Labor Code. Kirby v. Immoos Fire Protection, Inc., No. S185827 (Cal. Apr. 30, 2012). In a seminal decision, the Court ruled the California Labor Code does not permit an attorney’s fee award to a prevailing party on such a claim. This ruling follows on the heels of the Court’s decision that employers need not ensure that their workers take meal periods required by California law, but only that workers are provided the meal periods. Brinker Restaurant Corp. v. Superior Court (Hohnbaum), No. S166350 (Calif. Apr. 12, 2012). For more on Brinker, see our article, California High Court Clarifies California Meal-and-Rest Rules.