California Labor Code Section 98.7 - Interpretation

In Lloyd v. County of Los Angeles (2009) 172 Cal.App.4th 320, the court held that Labor Code section 98.7 does not require exhaustion of administrative remedies and instead simply provides employees with an additional, optional remedy. (Id. at p. 323, 331-332.) In Lloyd, the court reviewed the language of Labor Code section 98.7 and, emphasizing the reference to "any other rights and remedies under any other law" in subdivision (f), observed that "it would appear Labor Code section 98.7 merely provides the employee with an additional remedy which the employee may choose to pursue." (Lloyd, supra, 172 Cal.App.4th at p. 331.) The Lloyd court went on to state: "Further, case law has recognized that there is no requirement that a plaintiff proceed through the Labor Code administrative procedure in order to pursue a statutory cause of action. (Daly v. Exxon Corp. (1997) 55 Cal.App.4th 39, 46; Murray v. Oceanside Unified School Dist. (2000) 79 Cal.App.4th 1338, 1359.) We see no reason to differ with these decisions and to impose an administrative exhaustion requirement on plaintiffs seeking to sue for Labor Code violations." (Lloyd, supra, 172 Cal.App.4th at pp. 331-332.)