Gottlieb v. Kenneth D. Laub & Co.

OPINION OF THE COURT

Levine, J.

Labor Law § 198 (1-a) provides in part that "[i]n any action instituted upon a wage claim by an employee * * * in which the employee prevails, the court shall allow such employee reasonable attorney’s fees”. The issue presented is whether this statutory entitlement to attorney’s fees applies to any wage claim action or only to those brought for violations of the wage payment law, article 6 of the Labor Law. As explained below, we conclude that the plain language, legislative history and purpose of section 198 (1-a) all indicate that the intent of the statute is…