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Wednesday, February 1, 2012

Kirby v. Immoos: California Supreme Court Schedules Oral Argument in Attorney Fee Case

The California Supreme Court will hear oral argument in Kirby v. Immoos Fire Protection, Inc. on Tuesday, March 6, 2012, at 9:00 a.m., in San Francisco. No word yet on whether the argument will be broadcast over the internet, as Brinker was. (Or if it will be broadcast in a way that actually allows people to watch live!) Kirby presents 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?
The Court's case summary is here

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