California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13657 - Attorney's Fees and Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  For the purpose of Labor Code Section
				  2673.1(e),
				  the failure by the contractor, manufacturer(s), or brand guarantor(s) to pay
				  the full amount of the assessment at the meet-and-confer conference shall be
				  deemed to constitute a refusal to pay the full amount of the assessment, and
				  the employee will subsequently be deemed to have prevailed at the hearing held
				  pursuant to Labor Code Section
				  2673.1(d)(4),
				  if the Labor Commissioner issues an order, decision or award in any amount in
				  favor of the employee.
(b) For the
				  purpose of Labor Code Section
				  2673.1(e),
				  if the employee rejects the assessment at the meet-and-confer conference, the
				  employee will subsequently be deemed to have prevailed at the hearing held
				  pursuant to Labor Code Section
				  2673.1(d)(4),
				  if the Labor Commissioner issues an order, decision or award in favor of the
				  employee for a total amount (excluding attorney's fees and costs) greater than
				  the amount deposited with the Labor Commissioner by the contractor,
				  manufacturer(s), or brand guarantor(s) for payment to the employee of the
				  amount assessed against the contractor, manufacturer(s), or brand guarantor(s).
				  To be considered for this purpose, the full amount of the assessment must be
				  deposited with the Labor Commissioner at the meet-and-confer conference held
				  pursuant to Labor Code Section
				  2673.1(d)(3),
				  for immediate and unconditional payment to the employee, regardless of the
				  outcome of the hearing. Any such amounts deposited with the Labor Commissioner
				  shall be transmitted to the employee forthwith, and a form shall be transmitted
				  by a deputy labor commissioner to the hearing officer stating (without
				  specifying the amount) that prior to the conclusion of the meet-and-confer
				  conference, the contractor, manufacturer(s) and/or brand guarantors
				  unconditionally paid the full amount of the assessment to the employee. In the
				  event that the full amount of the assessment is not so paid, attorney's fees
				  shall be awarded to the claimant on the basis of any net recovery at the
				  adjudicative hearing.
(c)
				  Attorney's fees recoverable under Labor Code Section
				  2673.1(e)
				  shall be based on the reasonable hours expended on the case multiplied by a
				  reasonable hourly rate for the legal work performed. A reasonable hourly rate
				  is the prevailing hourly rate charged by private attorneys in the geographic
				  area with similar experience to that of the attorney(s) making the application
				  for fees.
(d) Costs recoverable
				  under Labor Code Section
				  2673.1(e)
				  shall mean the costs of preparing for and proceeding with the hearing,
				  including but not limited to witness fees, mileage fees, and cost of service of
				  process.
(e) At the hearing held
				  pursuant to Labor Code Section
				  2673.1(d)(4),
				  the employee, or their attorney(s), shall submit evidence of reasonable
				  attorneys' fees and costs sought to be recovered under Labor Code Section
				  2673.1(e).
				  Such evidence may be in the form of a declaration signed by the attorney(s)
				  under penalty of perjury, setting forth an itemization of hours worked on the
				  case, the basis of the hourly rate(s) claimed, and costs incurred. The other
				  parties at the hearing shall have the right to present any contrary evidence,
				  and to cross-examine the employee, or their attorney(s), on these
				  matters.
(f) Reasonable attorneys'
				  fees and costs, if any, shall be included in the order, decision or award of
				  the Labor Commissioner as follows:
(1)
				  Reasonable fees and costs are awarded against the contractor if the contractor
				  refused to pay the assessment and the claimant prevails at the hearing, as
				  provided in subsection (a) herein;
(2) Reasonable fees and costs are awarded
				  jointly and severally against the contractor, manufacturer(s), and brand
				  guarantor(s) if the claimant rejects the assessment and prevails at the
				  hearing, as provided in subsection (b) herein; and
(3) Reasonable fees and costs are awarded
				  against the manufacturer(s) or brand guarantor(s) if they refuse to pay the
				  assessment, and the claimant prevails at the hearing, as provided in subsection
				  (a) herein.