On April 17, 2007, a California appellate court recognized that a salaried executive may seek attorneys' fees under the Labor Code if determined to be a prevailing party in his action for nonpayment of wages. In On-Line Power, Inc. v. Mazur, David Mazur brought a counterclaim against On-Line Power for failing to pay his full wages as outlined in his employment agreement. The appellate court concluded that the wage protection statutes of the Labor Code applied with equal force to hourly and salaried employees. Further, On-Line Power's concurrent breach of the employment agreement–which lacked an attorneys' fee provision–did not preclude Mazur from seeking attorneys' fees under the Labor Code.