Labor & Employment Law Blog

On September 12, 2022, the California Court of Appeal, Second District, held that employees are entitled to recover attorney’s fees and costs stemming from a claim for failure to provide uninterrupted rest periods. Betancourt v. OS Restaurant Services, LLC, Case No. B293625 (Cal. Ct. App 2022). In her complaint, plaintiff Raquel Betancourt also alleged that she was retaliated against and wrongfully terminated for reporting these repeated rest break and food safety violations.

On September 2, 2022, the California Court of Appeal, Second District, delivered a rare victory for California construction employers in Jerome Oswald v. Murray Plumbing and Heating Corporation (2022) __ Cal.Rptr.3d __, Dkt. No. B312736.  At its core, this case shows how qualifying employers can—and should—take advantage of California’s construction industry exemption from the Private Attorneys General Act of 2004 (“PAGA”).

Often it is said that “the best result in mediation is the one that makes everyone equally unhappy.”  Even so, experience proves that the party who usually comes out best in mediation is the one who is most prepared.  This article provides some common sense, practical tips to help with that preparation.

Mediation has become an essential part of litigation because the risks of going to trial are so considerable.  A defendant that cannot resolve a case before trial runs the risk of a court or jury awarding substantial damages to the plaintiff.  If the plaintiff recovers anything at all, the defendant also may have to pay the plaintiff’s attorneys’ fees and costs.  Even when defendants win (and they do), the fees they pay to their own counsel to secure a defense win are substantial.  Plaintiffs also are at risk.  While many plaintiffs may have contingent fee arrangements with their own counsel, a losing plaintiff likely will be on the hook for significant hard costs incurred in litigation by their own counsel.  Even worse, they can be responsible for the defendant’s legal costs, and on rare occasions, attorneys’ fees.