The “American Rule” is a common law rule that provides that each party bears its own attorney’s fees in litigation. However, most federal and state employment statutes specifically address a prevailing party’s rights to recover a reasonable attorney’s fee from the non-prevailing party. Some statutes provide that the court shall award a reasonable attorney’s fee to a prevailing party. Other statutes give the court discretion and provide that the court may award a reasonable attorney’s fee to a prevailing party. Further, a few statutes limit the right to recover attorney’s fees to the prevailing plaintiff only. Florida law also provides that a court may award a reasonable attorney’s fee to the prevailing party in a claim for unpaid wages.
