A recent Metropolitan News story, “New Law on Attorney Fees Applies to Pending Cases-C.A.,” reports that legislation affecting recovery of attorney fees by prevailing parties is procedural and applies to cases pending when such a law is enacted, the First District Court of Appeal ruled yesterday.

Div. One reversed an attorney fee award by a Contra Costa Superior Court judge in favor of a laborer who sued his former employer unsuccessfully for Labor Code violations.  The panel said §218.5 of the code—which took effect after the employer won its summary judgment motion but before the fee award was made, and which bars an award to an employer unless suit was brought in bad faith—precludes the award.

The panel did, however, affirm the underlying summary judgment, holding that it is not an unfair employment practice to enter into a contract requiring an employee who receives specialized training that is not a job requirement to reimburse part of the cost if he or she leaves employment within 30 months of completing it.