Recovering litigation costs when a worker wins their claim

It is a new right within the summary labor claims procedure: if you file a claim against your employer under Act 2-1961 and the court rules in your favor, the judgment must also award recovery of litigation costs — the expenses of the judicial process, not your attorney's fees — in your favor, following Rule 44.1's procedure.

It reaches the worker who files a labor claim under Act 2-1961's summary procedure and obtains judgment in their favor. The right to recover costs is "solely in favor of that claiming party" — meaning the prevailing worker, not the employer.

• Have filed a claim under the summary procedure of Act 2 of October 17, 1961 and obtained judgment in favor of the claiming party.Verified against the official source

Information pending verification.

1. 1

   Step 1: A judgment in your favor now includes costs

   The new text of Section 15 says: "A judgment rendered in favor of the claiming party shall award recovery of litigation costs solely in favor of that claiming party." You do not need to request it as a separate benefit; it is part of what the judgment must award.

2. 2

   Step 2: The request follows Rule 44.1's procedure

   The law expressly points to "the procedure established in Rule 44.1 of the Puerto Rico Rules of Civil Procedure" to request and grant those costs. We did not read that Rule for this guide, so we do not describe its deadlines or exact mechanics.

3. 3

   Step 3: Distinguish costs from attorney's fees

   The law treats these two concepts separately within the same paragraph. Litigation costs are the process expenses; attorney's fees are a different thing. The amended text's second sentence says that when the claiming party prevails and appeared represented by private counsel, "the defendant shall be awarded payment of attorney's fees" — literally, as written in the official text the Legislature filed. We flag this because that sentence's language appears to run counter to the purpose the exposición de motivos explains, and we found no later version correcting it.

4. 4

   Step 4: No stamps are cancelled in these cases

   Section 15's first sentence keeps what the Supreme Court had already settled: "Every case filed under this Section shall be exempt from the required cancellation of stamps," for both the worker and the employer.

This is not a separate procedure requested at an office: it is part of the judgment within the summary labor claim lawsuit you already filed in court, under Act 2-1961. The specific request for costs follows Rule 44.1 of the Rules of Civil Procedure within that same case.

• Confusing cost recovery with attorney's fees: the law treats them separately.
• Thinking a separate procedure must be filed: cost recovery is part of the judgment in the same case.
• Not verifying Rule 44.1's deadlines with your attorney before requesting costs.
• Assuming the employer can never receive fees in these cases: the official text's second sentence says the opposite when the claimant prevails with private counsel.

These are the government pages this guide is based on.

• Departamento del Trabajo y Recursos Humanos (DTRH)

  Departamento del Trabajo

  bvirtualogp.pr.gov