By providing that the prevailing party under one statute is entitled to fees, and that a different prevailing party under another statute is entitled to fees, the Legislature expressed an intent that there can be two different prevailing parties under separate statutes in the same action.
Under separate statutes, both the Equal Pay Act and unpaid wages claims provide for an award of fees to the prevailing party. Each side applied for their attorneys' fees after trial. The trial court awarded fees to each side on its prevailing claims, which resulted in an offset and net award of $3,709.19 to the plaintiff.
[A] net monetary award to a party does not determine the prevailing party when there are two fee shifting statutes involved in one action.
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