Arbitration/Employment: Arbitration Award Of Fees Against Employee Losing Overtime Claim Properly Vacated Under Public Policy Exception To Arbitral Finality

 

Arbitral Award Was Properly Corrected To Take Into Account That Labor Code Section 1194 Is A One-Way Fee Shifting Award.

    California Attorney’s Fees posts today on  Ling v. P.F. Chang’s China Bistro, Inc., Case No. H039367 (6th Dist. Mar. 25, 2016) (published), an employment law case in which the Court of Appeal agreed (in part) with the trial judge that Labor Code section 1194 works as a one-way fee shifting provision in favor of the employee, such that a substantial arbitral award fee award in favor of the employer required correction.  This is an example of the “public policy” exception to arbitral finality applied in the employment law context.