Employment attorney’s fees are the part of a verdict that rarely makes the headlines. Yet they can change the final number in a case, and the same is true under almost every employment statute.
Employees celebrate a big verdict. Employers lose sleep over one. But the jury’s number isn’t always the last number.
Take Slagel v. Liberty Mutual Insurance Company, a discrimination case in Los Angeles Superior Court. The jury awarded $20 million in emotional distress damages and $83 million in punitive damages. The court struck the punitive award and left the emotional distress award intact.
Then came the fee petition. Plaintiff’s counsel asked for about $9.7 million, and the court awarded more than $3.5 million. The employer’s total exposure came to about $23.5 million.
In particular, the rates stood out. The court approved up to $1,700 per hour for the lead lawyers, in line with recent Los Angeles awards. It also approved $1,000 per hour for a lawyer admitted to the bar in 2025, shortly before trial. In addition, the court gave real weight to the lawyers’ own assessments of their rates rather than applying a rigid rate chart.
How employment attorney’s fees work in every case
Almost every major employment statute lets a successful employee recover reasonable attorney’s fees from the employer. The names differ, but the process is the same:
- The employee wins, by verdict, judgment, or sometimes a settlement.
- Counsel files a post-judgment motion, the fee petition, with time records and declarations supporting their rates.
- The court decides what hours and hourly rates are reasonable, and may adjust the total.
- The employer pays the award on top of the damages.
Some statutes make fees mandatory for a successful employee, while others leave them to the court’s discretion. Some provisions run one way, in favor of the employee. Others let either side recover, but hold employers to a much higher standard. Under Title VII, for example, a prevailing employer must show the claim was frivolous, unreasonable, or without foundation. ERISA and the WARN Act work differently, so check the statute that applies to your claim.
Employment statutes with attorney’s fee provisions
Wage and hour
- FLSA (overtime, minimum wage, and retaliation): 29 U.S.C. § 216(b). Mandatory for a successful employee. Equal Pay Act claims are covered through 29 U.S.C. § 206(d)(3).
Discrimination
- Title VII: 42 U.S.C. § 2000e-5(k). Discretionary, with a higher bar for employers.
- ADA: 42 U.S.C. § 12205. Discretionary, with a higher bar for employers.
- ADEA (age): 29 U.S.C. § 626(b), incorporating § 216(b). Mandatory for a successful employee.
- GINA: 42 U.S.C. § 2000ff-6(a)(2), incorporating 42 U.S.C. § 1988(b)–(c).
- Pregnant Workers Fairness Act: 42 U.S.C. § 2000gg-2(a)(2), incorporating 42 U.S.C. § 1988(b)–(c).
- Section 1981 and Section 1983 claims: 42 U.S.C. § 1988(b).
- Rehabilitation Act: 29 U.S.C. § 794a(b).
- Texas Commission on Human Rights Act: Tex. Lab. Code § 21.259(a).
Leave and benefits
- FMLA: 29 U.S.C. § 2617(a)(3). Mandatory for a successful employee.
- USERRA: 38 U.S.C. § 4323(h)(2). Mandatory for a prevailing employee who retained private counsel, following a 2025 amendment.
- ERISA: 29 U.S.C. § 1132(g)(1). Discretionary, available to either party, and the applicant must show some success on the merits.
- WARN Act: 29 U.S.C. § 2104(a)(6). Discretionary, available to the prevailing party.
Whistleblower and retaliation
- Sarbanes-Oxley: 18 U.S.C. § 1514A(c)(2)(C). Mandatory for a prevailing employee.
- Dodd-Frank: 15 U.S.C. § 78u-6(h)(1)(C)(iii). Mandatory for an employee who prevails in a retaliation action.
- False Claims Act retaliation: 31 U.S.C. § 3730(h)(2). Mandatory for a successful claimant.
- Texas Whistleblower Act (public employees): Tex. Gov’t Code § 554.003(a)(4). Successful public employees may recover reasonable attorney’s fees.
California
- FEHA: Cal. Gov. Code § 12965(c)(6). Discretionary, and a prevailing employer recovers fees only if the claim was frivolous, unreasonable, or groundless.
- Labor Code whistleblower claims: Cal. Lab. Code § 1102.5(j). Discretionary.
- Minimum wage and overtime claims: Cal. Lab. Code § 1194(a). Mandatory for the employee.
- Other unpaid wage claims: Cal. Lab. Code § 218.5. Mandatory when its conditions are met, with limits on employer recovery.
Employers should keep in mind that a fee award is part of your exposure from the day the case is filed, and it often grows through discovery and trial. Count it when you evaluate settlement, and count it again when you choose between a jury trial and arbitration.
In short, the verdict is only Act One, and the fee petition comes next.
By Trang Q. Tran
Tran Law Firm | Texas Overtime Lawyers
Houston: 800 Town and Country Blvd., Suite 500, Houston, Texas 77024, (713) 223-8855
Dallas: 4245 N Central Expressway, #490, Dallas, Texas 75205, (972) 587-7739
trang@tranlf.com
This post is general information, not legal advice. Contact the firm to discuss your situation.
