The Second Appellate District reversed an order. The court held that an employer-defendant who received a jury verdict on an employee-plaintiff’s claim for overtime compensation under Labor Code §1194 was not entitled to receive attorney fees as a prevailing party under §1194′s unilateral fee-shifting provision, which allows fees only to a prevailing plaintiff.
Thomas McGann was employed by United Parcel Service, Inc. (UPS), as an on-road supervisor. McGann routinely worked in excess of eight hours per day and often skipped meal and rest periods due to the press of his work duties. McGann did not receive overtime compensation or the other benefits accorded to non-exempt employees under California law because his supervisory position was classified as exempt.
