Justices Grapple With Attorney Fee Awards in Rest Break Suit

Wading into the latest wage-and-hour battleground, the state Supreme Court on Tuesday sounded wary of allowing the winning side to recover attorneys fees in suits over missed rest breaks. In Kirby v. Immoos Fire Protection, S185827, a Sacramento Superior Court judge awarded fees to the defendant after the plaintiffs failed to win class certification and dropped a suit over rest breaks against Immoos Fire Protection, an Elk Grove-based company. The Third District upheld the award.

The plaintiffs argued in court Tuesday that rest break suits like the one they brought should be governed by Labor Code Section 1194, which concerns suits for overtime and minimum wage violations and only allows plaintiffs to recover attorneys fees. Ellyn Moscowitz of Oakland, attorney for the plaintiffs, argued that Section 1194 and the concept of “minimum wage” should be broadened to include benefits like meal and rest break violations, although Justices Carol Corrigan, Kathryn Werdegar and Joyce Kennard seemed skeptical.