Boktor v. Applebaum CA4/3
Arnold Applebaum employed Agustina Boktor for several years as a housekeeper and nanny to care for his school-age daughter (Daughter). After Applebaum terminated Boktor’s employment, she filed a complaint with the Labor Commissioner (commissioner), an administrative remedy set forth in Labor Code sections 98 et seq. The commissioner determined Applebaum owed $4,500 for overtime work, not the $400,000 Boktor requested. Unhappy with this ruling, Boktor appealed the decision and pursuant to section 98.2, subdivision (a), was afforded a trial de novo in the superior court. The trial court determined Applebaum owed Boktor $300 for unpaid overtime and imposed several penalties and interest. Boktor then filed a motion for attorney fees first under section 98.2, subdivision (c), and later under section 1194.
The trial court did not resolve the issue of whether Boktor was entitled to attorney fees under either section 98.2 or section 1194. Instead, the trial court presumed attorney
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