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California Supreme Court Holds That Attorney's Fees Are Not Recoverable On Meal And Rest Period Claims
Categories: California Wage-Hour Law, Collective Actions, State Wage and Hour Laws, Wage and Hour Policies
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By Michael Kun

Yesterday, only weeks after its long-awaited Brinker v. Superior Court decision, the California Supreme Court issued another important ruling on California meal and rest period laws. 

In Kirby v. Immoos Fire Protection, Inc., the Supreme Court ruled that neither party may recover attorney’s fees on claims involving meal and rest periods.  The Court analyzed the legislative history of the meal and rest period provisions and concluded, “We believe the most plausible inference to be drawn from history is that the Legislature intended [meal and rest period] claims to ...

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