by Jennifer A. Grady, Esq. After January 1, 2014, employers will only be able to recover reasonable attorney’s fees and costs if they are the prevailing party in a court action brought by current or former employees for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions if they can demonstrate that the employee brought the action in bad faith.  In order to make this recovery, either party must have requested attorney’s fees and costs