Kirby v. Immoos: Cal. Supreme Court Grants Review on Attorney Fee Issues

On July 27, 2010, the Court of Appeal affirmed an award of attorney fees to a defendant under Labor Code section 218.5. Kirby v. Immoos Fire Protection, Inc. (July 27, 2010) 113 Cal.Rptr.3d 370. See our blog post here.

Yesterday (while I was mediating a tough class action that we did get resolved), the California Supreme Court announced that it would review Kirby. The Court limited review to the following issues:

1. Does Labor Code section 1194 apply to a cause of action alleging meal and rest period violations (Lab. Code 226.7) or may attorney's fees be awarded under Labor Code section 218.5?
2. Is our analysis affected by whether the claims for meal and rest periods are brought alone or are accompanied by claims for minimum wage and overtime?

Very interesting questions with some complex arguments involved. The Court's case summary is here. I will add Kirby to our watch list.