Harrington v. Payroll Entertainment Services, Inc

In Harrington v. Payroll Entertainment Services, Inc. (2008) 160 Cal.App.4th 589, an off-duty police officer who provided services on a movie set was shorted $44.63 in overtime compensation. The officer attempted to bring a class action. When a class was not certified, he settled his individual claim for $10,500, then sought an award of attorney fees of $46,277, under the mandatory fee clause of Labor Code section 1194. The trial court found the request "'unreasonable and excessive'" and even "'confiscatory and unfair,'" given that the lawsuit was not certified as a class action and the value of the plaintiff's claim was $44. (Harrington, at pp. 591-593.) The Court agreed that the fee request was absurd; nevertheless, Labor Code section 1194 mandates a fee award as a matter of right. The appeals court determined that a "reasonable fee" could not be more than $500. It directed the trial court to enter a new order awarding the prevailing employee attorney fees of $500. (Harrington, at pp. 594-595.)