Lolley v. Campbell

Opinion

MORENO, J.

The issue we decide is whether the superior court may assess attorney fees against an employer who unsuccessfully appeals an administrative order to pay wages if the employee cannot afford counsel and is represented without charge by the Labor Commissioner. The Court of Appeal held that attorney fees could not be awarded in such circumstances, because an indigent employee who is represented by the Labor Commissioner has not “incurred” attorney fees within the meaning of Labor Code section 98.2, subdivision (c). We disagree and reverse the judgment of the Court of Appeal.

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