However, Employer Was Awarded $32,682.11 In Appeal Costs.
In Ortega v. Carson Wild Wings, LLC, Case No. B338378 (2d Dist., Div. 1 Apr. 24, 2025) (unpublished), employer and employee had a prior appeal by which a fairly sizable jury verdict and attorney’s fees award in employee’s favor was reversed, but remanded for a determination of appellate costs and the lower court’s determination of any fees for employee based on a partial victory. The lower court awarded employee $23,035.75 for some minor employment violations, as well as appeal costs of $32,682.11 to employer.
Employer appealed the fee award to employee. Employee did have fee entitlement under Labor Code section 1198.5 for employer’s failure to provide her wage statements and personnel records. Nothing in the prior opinion negated her entitlement to fees, so the modest fee award was affirmed on appeal.
Comments