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View Diary: Conservative Supremes thwart fair wages claim, and Kagan lets 'em have it. (166 comments)

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  •  Not fees, costs. (2+ / 0-)
    Recommended by:
    ccyd, whaddaya

    Unless fees are costs per a contract or statute.

    "To recognize error, to cut losses, to alter course, is the most repugnant option in government." Historian Barbara Tuchman

    by Publius2008 on Tue Apr 16, 2013 at 01:29:54 PM PDT

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    •  I believe the FLSA provides specifically for fees (2+ / 0-)
      Recommended by:
      Publius2008, whaddaya

      It's been a while since I read that section of the Act and I am not in the mood to look it up right now, but I believe the Act provides for fees.

      I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

      by ccyd on Tue Apr 16, 2013 at 01:38:58 PM PDT

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    •  Okay, I lied. I looked it up. (4+ / 0-)
      Recommended by:
      Adam B, Publius2008, JerryNA, whaddaya

      29 U.S.C. sec. 216(b) provides for attorney's fees and costs.

      The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action.

      I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

      by ccyd on Tue Apr 16, 2013 at 01:46:45 PM PDT

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      •  Yes, only to plaintiffs, as you see. (2+ / 0-)
        Recommended by:
        Angie in WA State, whaddaya

        "To recognize error, to cut losses, to alter course, is the most repugnant option in government." Historian Barbara Tuchman

        by Publius2008 on Tue Apr 16, 2013 at 01:50:59 PM PDT

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        •  And they are MANDATORY. (6+ / 0-)

          If a plaintiff wins under the FLSA, the court must award attorney's fees and costs.

          I had a case under the PA wage law and attorney's fees became an issue.  I took the case pro bono and was able to get a settlement that made my client whole and put some money in my firm's coffers, which it donated to Cradles to Crayons.

          I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

          by ccyd on Tue Apr 16, 2013 at 01:56:03 PM PDT

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