Legal Opinion
Lester v. Career Building Academy
Colorado Court of Appeals
Decided July 3, 2014No. Court of Appeals No. 13CA0989PublishedCited by 7 opinions
1Opinion of the Court
Opinion by
JUDGE TAUBMAN
1 1 This case presents the issue of whether a trial court may apply the same standard in awarding attorney fees to prevailing employees and employers under the Colorado Wage Claim Act (CWCA), sections 84-101 to -123, C.R.S.2018. We conclude that it may not.
T 2 The legislative declaration contained in the 2007 CWCA amendments has been interpreted to mean that a prevailing employee is presumptively entitled to attorney fees under the CWCA. See Carruthers v. Carrier Access Corp., 251 P.3d 1199, 1208-09 (Colo.App.2010); see also ch. 881, see. 1, 2007 Colo. Sess. Laws 1677.…
2Cases cited26 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
- Western United Realty, Inc. v. IsaacsSupreme Court of Colorado · 1984
- Roe v. Cheyenne Mountain Conference Resort, Inc.Court of Appeals for the Tenth Circuit · 1997
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3Cited by7 opinions
- Stockdale v. EllsworthSupreme Court of Colorado · 2017
- People v. WilsonColorado Court of Appeals · 2014
- People v. MaestasColorado Court of Appeals · 2014
- Hotsenpiller v. MorrisColorado Court of Appeals · 2017
- Frank v. Thomas J. Palic DC PCDistrict Court, D. Colorado · 2019
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