Labor Code § 244

No administrative exhaustion before a Labor Code suit, unless expressly required

At a glance

Labor Code claims generally need no administrative exhaustion — section 244(a) requires it only where the statute sued upon expressly demands it.

Citation
Cal. Lab. Code § 244
Default
No exhaustion required
Exception
Only where a statute expressly requires it
Effect on § 1102.5
No Labor Commissioner prerequisite
Authority
Satyadi (2014)

Read the official text at California Legislative Information

JDBy Jonathan J. DelshadFounder & Editor-in-Chief

Overview

Labor Code section 244 governs whether an employee must first pursue an administrative remedy before filing suit to enforce the Labor Code. Subdivision (a) answers that question with a default rule favoring access to court: exhaustion is not required unless the specific provision sued upon expressly demands it.

The provision matters most in whistleblower litigation, where defendants historically argued that a plaintiff had to seek relief from the Labor Commissioner under section 98.7 before going to court. Section 244(a) — and the case law construing it — foreclose that argument for claims, like section 1102.5, that contain no express exhaustion requirement.

The operative rule

Subdivision (a)

An individual is not required to exhaust administrative remedies or procedures before bringing a civil action under any provision of the Labor Code, unless that provision under which the action is brought expressly requires exhaustion of an administrative remedy. The default is access to court; exhaustion is the narrow exception, triggered only by express statutory text.

Judicial construction

In Satyadi v. West Contra Costa Healthcare District, the Court of Appeal applied section 244(a) to a section 1102.5 claim and held that the plaintiff need not exhaust the Labor Commissioner remedy under section 98.7 before suing. The court treated the relevant amendment as clarifying, not changing, existing law: because section 1102.5 contains no express exhaustion requirement, none applies. (See Satyadi.)

Practice notes

Use section 244(a) to defeat an exhaustion defense to a section 1102.5 (or other non-conditioned) Labor Code claim. Before relying on it, read the precise statute sued upon to confirm it does not contain its own express exhaustion prerequisite; where a provision does require exhaustion, section 244(a) does not excuse it.

Cases construing this statute

Practitioner analysis, current as of June 2026 — not the statute itself. Statutes are amended and decisional law evolves; confirm the operative language and current authority at the official source before relying.