California Appellate Tracker

Quiles v. Parent

January 21, 2019

The trial court did not abuse its discretion in awarding fees to a prevailing plaintiff in an individual FLSA retaliation claim, properly apportioning total fees among several plaintiffs, and attributing to this prevailing plaintiff only those fees reasonably incurred in prosecuting her individual claims.

As is also true of Federal Employers Liability Act actions, federal law determines what types of costs are properly awardable to a prevailing plaintiff on a Fair Labor Standards Act claim. The awardable costs include mailing, copying and mediation costs. The trial court did not abuse its discretion in awarding fees to a prevailing plaintiff in an individual FLSA retaliation claim. The trial court properly apportioned total fees among several plaintiffs, attributing to this prevailing plaintiff only fees reasonably incurred in prosecuting her individual claims.

California Court of Appeal, Fourth District, Division 3 (Fybel, J.); November 2, 2018; 28 Cal. App. 5th 1000

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