On Monday, April 30, 2012, the California Supreme Court will issue its decision in Kirby, et al. v. Immoos Fire Protection, Inc. The Court of Appeal decision was discussed on this blog here. The great question, of course, is whether the relatively employee-protective decision in Brinker will be tempered by prevailing party fee concerns. The California Supreme Court describes the issues under review as follows:
The court limited review to the following issues: (1) Does Labor Code section 1194 apply to a cause of action alleging meal and rest period violations (Lab. Code, § 226.7) or may attorney’s fees be awarded under Labor Code section 218.5? (2) Is our analysis affected by whether the claims for meal and rest periods are brought alone or are accompanied by claims for minimum wage and overtime?