If I file an OT claim and I lose, can my ex employer make me pay their attorney's fees or other of their costs incurred while defending their position? Thanks.

It depends.

If you read my answer under your other post, you don't need an attorney or file in a court to get unpaid OT. Just file with the state labor dept. You are NOT "going to court" if you just file with the state. The state then acts on your behalf and THEY investigate and charge the employer. If they don't find cause then they will issue you a right to sue letter and if you decide to sue then you may have to pay both your own attorney and theirs if you lose. If it never goes to "court" and DoL handles it all then there are no attorney fees to be paid.

It depends.

If you read my answer under your other post, you don't need an attorney or file in a court to get unpaid OT. Just file with the state labor dept. You are NOT "going to court" if you just file with the state. The state then acts on your behalf and THEY investigate and charge the employer. If they don't find cause then they will issue you a right to sue letter and if you decide to sue then you may have to pay both your own attorney and theirs if you lose. If it never goes to "court" and DoL handles it all then there are no attorney fees to be paid.


Agree. I don't understand why the OP is dead set on a civil suit instead of just filing with the DLSE, which is, we reiterate, FREE.:(