Smith v. Rae-Venter Law Group

This appeal arises out of a dispute between Timothy L. Smith ("Smith") and his former employer, the Rae-Venter Law Group ("RVLG"). Following his resignation from RVLG, Smith presented disputed wage claims to the California Labor Commission. At an administrative hearing on those claims, Smith achieved partial success: he secured an award that included vacation pay and expense reimbursements but his claims for a bonus and for statutory waiting time penalties were rejected. Dissatisfied with the labor commissioner's decision, Smith appealed to the superior court, which conducted a trial de novo. At the conclusion of that trial, the court granted Smith the same relief awarded him by the labor commissioner except that it added interest on his non-wage claims. Based on its determination that Smith had succeeded in his appeal from the labor commissioner's decision, the trial court denied RVLG the statutory attorneys' fees and costs it sought.

RVLG appeals, claiming the trial court erred in denying its fees and costs and in awarding Smith's costs. Smith cross-appeals, asserting that he is entitled to statutory waiting time penalties. As we explain below, we agree with…