Campbell v. Regents of University of California (2005) 35 Cal.4th 311 holds that public employees must pursue appropriate internal administrative remedies before filing a civil action against their employer. The Legislature amended Labor Code 244 to make it clear that an employee need not exhaust administrative remedies before the Labor Commissioner before bringing suit under other Labor Code sections like the whistleblower protection section 1102.5. However, Labor Code 244 refers only to administrative proceedings before the Labor Commissioner. Campbell still applies and requires exhaustion of internal administrative remedies granted by a public employer, such as in this case, the county’s procedure for filing an EEO complaint and appealing any denial to the county’s civil service commission.
California Court of Appeal, Second District, Division Six (Gilbert, J.); February 16, 2018; 2018 WL 915128.