On August 5, 2010, we reported on Kirby v. Immoos Fire Protection, (click here to read), in which the California Court of Appeal held that an employer prevailing in a wage case may recover attorney’s fees under Labor Code section 218.5. On November 17, 2010, the California Supreme Court granted review in the case. Since the California Supreme Court has granted review, Kirby is no longer citable as precedent. We will report on the result of this case once the California Supreme Court has issued its decision.