This Law Firm Publication by Jackson Lewis LLP discusses Kirby v. Immoos Fire Protection, Inc., in which the California Supreme Court recently held that prevailing parties in meal and rest break litigation under Section 226.7 of the California Labor Code are not entitled to attorneys' fees. The court held that meal and rest breaks are not covered by the two fee-shifting statutes in the Labor Code. The first statute, Section 1194, allows employees to recover attorneys' fees when they prevail on minimum wage or overtime claims. The second statute, Section 218.5, provides attorneys' fees to employees or employers who prevail on employees' claims of "nonpayment of wages."