Employment: FLSA Recovery Of Costs And Fees In State Court Is Governed By Federal Principles

End Result Was That $50,591.69 Costs And $689,310.04 Fee Award Was Sustained Even Though Compensatory Recovery Was Only $280,500.

            Quiles v. Parent, Case No. G054353 (4^th Dist., Div. 3 Nov. 2, 2018) (published) is an important decision establishing that costs and fees recovery for a prevailing employee in a Fair Labor Standards Act (FLSA) action tried in state court is governed by federal, not state law, principles in this respect. What happened was that a joint employer was hit with $50,591.69 in costs and $689,310.04 in attorney’s fees under FLSA, even though they were less than the requested amounts, in state court involving FLSA claims.   In a case of first impression, the 4/3 DCA—in an opinion authored by Justice Fybel—determined that federal FLSA law ruled supreme in this area. As such, that allowed certain routine costs not allowed under state law and the fees for joint employer/alter ego determinations were related enough under federal law so as to allow for their recovery.